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Oklahoma House Bill HB2824

Oklahoma 2023 Regular Session

Oklahoma House Bill HB2824 Compare Versions

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1-An Act
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28+ENGROSSED SENATE AMENDMENT
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30+ENGROSSED HOUSE
331 BILL NO. 2824 By: Kendrix of the House
432
533 and
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735 Bergstrom of the Senate
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12-
13-
14-An Act relating to long -term care; creating the Long -
15-Term Care Administrator Licensing Act; providing
40+An Act relating to long-term care; directing transfer
41+of employees, powers, dutie s, monies and contractual
42+rights from the Oklahoma State Board of Examiners***
43+meetings; directing the St ate Department of Health
44+to; amending 63 O.S. 2021, Section 330.53, which
45+relates to licensure of long -term care
46+administrators; transferring dut ies to the Department
47+and the Commissioner; requiring in put of the Advisory
48+Council; modifying applicability of certain
49+provisions; *** authorizing certain disclosures;
50+authorizing informal resolution process; providing
51+for certain appeals; providing for recodification;
52+providing for codification; and providing an
53+effective date.
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58+AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
59+entire bill and insert
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62+“An Act relating to long -term care; creating the
63+Long-Term Care Administrator Licensing Act; providing
1664 short title; directing transfer of employ ees, powers,
1765 duties, monies, and contractual rights from the
1866 Oklahoma State Board of Examiners for Long -Term Care
1967 Administrators to the State Department of Health;
2068 requiring the Director of the Office of M anagement
2169 and Enterprise Services to coordinate cer tain
2270 transfers; directing transfer of certain
2371 administrative rules from the Board to the State
2472 Commissioner of Health; abolishing the Board upon
2573 completion of transfers; amending 63 O.S. 2021,
2674 Section 330.51, which relates to definitions;
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27101 removing, adding, and modifying certain definitions;
28102 amending 63 O.S. 2021, Section 330.52, which relates
29103 to the Oklahoma State Board of Examiners for Long -
30104 Term Care Administrators; modifying termination date;
31105 abolishing the Board when certain conditions are met;
32106 amending 63 O.S. 2021, Section 330.53, which relates
33107 to licensure of long -term care administrators;
34108 transferring duties to the Department and the
35109 Commissioner; modifying terminology; granting certain
36110 authority to the Commissioner; requiring promulgation
37111 of certain rules; modifying applicability of certain
38112 provisions; stipulating certain licensure and
39113 certification qualifications; imposing certain duties
40114 on the Department regarding training and education
41115 programs; requiring and authorizing certain fees;
42116 directing deposit of fees; providing for licensure by
43117 endorsement; prohibiting certain unlicensed activity;
44118 amending 63 O.S. 2021, Section 330.58, which relates
45119 to duties; transferring duties to the Department and
46-the Commissioner; adding, modifying, and removing ENR. H. B. NO. 2824 Page 2
120+the Commissioner; adding, modifying, and removing
47121 certain duties; modifying applicability of certain
48122 provisions; amending 63 O.S. 2021, Section 330.62,
49123 which relates to the Oklahoma State Board of
50124 Examiners for Long-Term Care Administrators Revolving
51125 Fund; renaming and transferring fund; amending 63
52126 O.S. 2021, Section 330.64, which relates to
53127 complaints; providing complaint procedures;
54128 transferring duties to the Department and the
55129 Commissioner; requiring certain notice to be provided
56130 to administrator found to b e in violation of act;
57131 providing for certain appeal s; authorizing the
58132 Department to order summary suspension under certain
59133 conditions; requiring certain notice; granting
60134 certain right to suspended licensee; providing for
61135 confidentiality; excluding certain information from
62136 specified definition and certain p roceedings;
63137 authorizing certain disclosures; establishing and
64138 requiring the Department to offer independent
65139 informal dispute resolution process; allowing the
66140 Department to contract with a third -party vendor for
67141 specified purpose; stipulating procedures for request
68142 for and conduct of informal dispute resolution;
69143 specifying composition of impartial decision -making
70144 panel; providing for submission of evidence and
71145 presentation of arguments; limiting length of
72146 arguments; specifying certain procedures for
73147 production of evidence; prohibiting and authorizing
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74174 certain recording of informal dispute resolution;
75175 specifying allowed participants; prohibiting legal
76176 representation; limiting inclusion of evidence in
77177 certain written statement; requiring panel to issue
78178 and provide written statement of findings;
79179 stipulating contents of statement; allowing the
80180 Commissioner to intervene for certain purpose;
81181 requiring the Department to consider findings when
82182 making certain determinat ion; directing promulgation
83183 of rules; amending 51 O .S. 2021, Section 24A.3, as
84184 amended by Section 1, Chapter 402, O.S.L. 2022 (51
85185 O.S. Supp. 2022, Section 24A.3), which relates to the
86186 Oklahoma Open Records Act; modifying certain
87187 definition; updating statut ory references and
88188 language; renumbering 63 O.S. 20 21, Sections 330.51,
89189 330.53, 330.58, 330.62, and 330.64, as amended by
90190 Sections 3, 5, 6, 7, and 8 of this act, which relate
91-to the Oklahoma State Board of Examiners for Long - ENR. H. B. NO. 2824 Page 3
191+to the Oklahoma State Board of Examiners for Long -
92192 Term Care Administrators; repea ling 63 O.S. 2021,
93193 Sections 330.54, 330.56, 330.57, 330.59, 330.60,
94194 330.61, and 330.65, which relate to the Oklahoma
95195 State Board of Examiners for Long -Term Care
96196 Administrators; providing for codification; providing
97197 for recodification; providing a condition al effective
98198 clause; and declaring an emergency.
99199
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102-
103-SUBJECT: Long-term care
104-
105202 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
106-
107203 SECTION 1. NEW LAW A new section of law to be codifi ed
108204 in the Oklahoma Statutes as Section 1-1949.1 of Title 63, unless
109205 there is created a duplication in numbering, reads as fol lows:
110-
111206 This act shall be known and may be cited as the “Long-Term Care
112207 Administrator Licensing Act ”.
113-
114208 SECTION 2. NEW LAW A new section of law to be codified
115209 in the Oklahoma Statutes as Section 330.52a of Title 63, unless
116210 there is created a duplication in numbering, reads as follows:
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117236
118237 A. On November 1, 2023, all employees, powers, duties,
119238 functions, and responsibi lities of the Oklahoma State Board of
120239 Examiners for Long-Term Care Administrators shall be transferred to
121240 the State Department of Health. The transfer shall include all
122241 equipment, supplies, records, assets, current and future
123242 liabilities, fund balances, e ncumbrances, obligations, and
124243 indebtedness associated with the Oklahoma State Board of Examiners
125244 for Long-Term Care Administrators.
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127245 B. Any monies accruing to or in the name of the Oklahoma State
128246 Board of Examiners for Long -Term Care Administrators on and after
129247 November 1, 2023, or any monies that accrue in any funds or accounts
130248 or are maintained for the benefit of the Oklahoma State Board of
131249 Examiners for Long-Term Care Administrators on and after November 1,
132250 2023, shall be transferred to the State Departm ent of Health.
133-
134251 C. The State Department of Health shall succeed to any
135252 contractual rights and responsibilities incurred by th e Oklahoma
136-State Board of Examiners for Long -Term Care Administrators. ENR. H. B. NO. 2824 Page 4
137-
253+State Board of Examiners for Long -Term Care Administrators.
138254 D. The Director of the Office of Management and Enterprise
139255 Services is hereby directed to coordinate the transfer of funds,
140256 allotments, purchase orders, and outstanding financial oblig ations
141257 or encumbrances as provided for in this section.
142-
143258 E. On November 1, 2023, all administrative rules promulgated by
144259 the Oklahoma State Board of Examiners for Long-Term Care
145260 Administrators shall be transferred to and become a part of the
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146287 administrative rules of the State Department of Health. The Office
147288 of Administrative Rules in the Secretary of State ’s office shall
148289 provide adequate notice in the Oklahoma Register of the transfer of
149290 such rules and shall place the transferred rules under the Oklahoma
150291 Administrative Code title of the State Department of Health. Such
151292 rules shall continue in force and effect as rules of the St ate
152293 Department of Health from and after November 1, 2023, and any
153294 amendment, repeal, or addition to the transferred rules shall be
154295 under the jurisdiction of the State Commissioner of Health.
155-
156296 F. The state agency known as the Oklahoma State Board of
157297 Examiners for Long-Term Care Administrators shall be abolished after
158298 all the transfers described in this section have been completed.
159-
160299 SECTION 3. AMENDATORY 63 O.S. 2021, Section 330.51, is
161300 amended to read as follows:
162-
163301 Section 330.51 For the purposes of Section 330.51 et seq. of
164302 this title, and as used herein this act:
165-
166303 1. “Board” means the Oklahoma State Board of Ex aminers for
167304 Long-Term Care Administrators;
168-
169305 2. “Long-term care administrator ” means a person licensed or
170306 certified as a nursing facility administ rator, an assisted living
171307 facility administrator, a residential care facility administrator,
172308 or an adult day care center administrator pursuant to Section 3 30.51
173309 et seq. of this title Tier 1 long-term care administrator or Tier 2
174310 long-term care administrat or under this act. A long-term care
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175337 administrator must devote at least one -half (1/2) of such person ’s
176338 working time to on-the-job supervision of a long -term care facility;
177339 provided that this requirement shall not apply to an administrator
178340 of an intermediate care facility for individuals with intellectual
179341 disabilities with sixteen or fewer beds (ICF/IID -16), in which case
180342 the person licensed by the state may be in charge of more than one
181-ICF/IID-16, if such facilities are located within a circle that has ENR. H. B. NO. 2824 Page 5
343+ICF/IID-16, if such facilities are located within a circle that has
182344 a radius of not more than fifteen (15) miles, and the total number
183345 of facilities and beds does not exceed six fac ilities and sixty-four
184346 beds. The facilities may be free-standing in a community or may be
185347 on campus with a parent institution. The ICF/IID -16 may be
186348 independently owned and operated or may be part of a larger
187349 institutional ownership and operation;
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189350 3. “Nursing facility administrator ”
190-
191351 2. “Tier 1 long-term care administrator ” means a person
192352 licensed by the State of Oklahoma this state to perform the duties
193353 of an administrator serving in a skilled nursing or nursing facility
194354 or ICF/IID an intermediate care facility for individuals with
195355 intellectual disabilities with seventeen or greater beds (ICF/IID) ;
196-
197356 4. “Assisted living facility administrator ”
198-
199357 3. “Tier 2 long-term care administrator ” means a person
200358 licensed or certified by the State of Oklahoma this state to perform
201359 the duties of an administrator se rving in an assisted living
202360 facility, residential care facility, adult day care center, or
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203387 intermediate care facility for individuals with intellectual
204388 disabilities with sixteen or fewer beds (ICF/IID-16);
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206389 5. “Residential care facility administrator ” means a person
207390 licensed or certified by the State of Oklahoma to perform the duties
208391 of an administrator serving in a residential care facility;
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210392 6. “Adult day care center administrator ” means a person
211393 licensed or certified by the State of Oklahoma to perform t he duties
212394 of an administrator serving in an adult day care center; and
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214395 7. 4. “Nursing home”, “rest home” and “specialized home” shall
215396 have the same meaning as the term “nursing facility” as such term is
216397 defined in the Nursing Home Care Act; “assisted living center ” and
217398 “continuum of care facility ” shall have the same meaning as su ch
218399 terms are defined in the Continuum of Care and Assisted Living Act;
219400 “home” and “residential care home ” shall have the same meaning as
220401 the terms are used in the Residential Care Act; and “adult day care
221402 center” and “center” shall have the same meaning as such terms are
222403 used in the Adult Day Care Act.
223-
224404 SECTION 4. AMENDATORY 63 O.S. 2021, Section 330.52, is
225405 amended to read as follows:
226- ENR. H. B. NO. 2824 Page 6
227406 Section 330.52 A. There is hereby re -created, to continue
228407 until July 1, 2022, in accordance with the provisions of the
229408 Oklahoma Sunset Law, the Oklahoma State Board of Examiners for Long -
230409 Term Care Administrators , to continue until the conditions of
231410 Section 2 of this act have been met . Upon satisfaction of such
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232437 conditions, the Oklahoma State Board of Examiners for Long-Term Care
233438 Administrators shall be abolished .
234-
235439 B. The Oklahoma State Board of Examiners for Long -Term Care
236440 Administrators shall consist of fifteen (15) members, eight of whom
237441 shall be representatives of the professions and institutions of
238442 long-term care, with representation from each type of administrator
239443 defined in Section 330.51 of this title. In order to be eligibl e to
240444 serve as a member, such administrators shall be licensed or
241445 certified in their defined facility type, and be in good s tanding
242446 and have at least three (3) years of experience as an administrator
243447 in the facility type they represent, except a nursing fac ility
244448 administrator as defined in Section 330.51 of this title, who shall
245449 have at least five (5) years of experience as a n ursing facility
246450 administrator. Four members shall represent the general public, of
247451 which at least two shall be licensed medical prof essionals concerned
248452 with the care and treatment of critically ill or infirm elderly
249453 patients. The preceding twelve members shall be appointed by the
250454 Governor, with the advice and consent of the Senate. The final
251455 three members shall constitute the State C ommissioner of Health, the
252456 Director of the Department of Human Services, and the Director of
253457 the Department of Mental Healt h and Substance Abuse Services, or
254458 their designees.
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256485 B. C. No members other than the eight licensed or certified
257486 administrators shall have a direct or indirect financial interest in
258487 long-term care facilities.
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260488 C. D. Effective November 1, 2011, all appointe d positions of
261489 the current Board shall be deemed vacant. The Governor shall make
262490 initial appointments pursuant to the provisions of this subsection.
263491 Initial appointments shall become effective on November 1, 2011.
264492 The new members of the Board shall be i nitially appointed as
265493 follows:
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267494 1. Four of the members representing each administrator type,
268495 two members representing the general pub lic and two other members
269496 shall be appointed for a term of two (2) years to expire on October
270497 31, 2013; and
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272498 2. Four of the members representing each administrator type,
273499 two members representing the general public and one other member
274500 shall be appointed fo r a term of three (3) years to expire on
275501 October 31, 2014.
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277502 D. E. After the initial terms, the terms of all appointive
278503 members shall be three (3) years. Any vacancy occurring in the
279504 position of an appointive member shall be filled by the Governor,
280505 with the advice and consent of the Senate, for the unexpired term.
281-
282506 E. F. Any member of the Board shall recuse himself or herself
283507 from voting on any mat ter that originated from or involves an entity
284508 with which the Board member is affiliated.
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286535 SECTION 5. AMENDATORY 63 O.S. 2021, Section 330.53, is
287536 amended to read as follows:
288-
289537 Section 330.53 A. The Oklahoma State Board of Examiners for
290538 Long-Term Care Administrators State Department of Health shall have
291539 authority to issue licenses or certifi cations to qualified persons
292540 as long-term care administrators , and shall establish in accordance
293541 with qualification criteri a for each type of lon g-term care
294542 administrator established by the State Commissioner of Health .
295-
296543 B. No license or certification shal l be issued to a person as a
297544 long-term care administrator unless:
298-
299545 1. The person shall have submitted evidence satisfactory to the
300546 Board Department that the person is:
301-
302547 a. not less than twenty -one (21) years of age, and
303-
304548 b. of reputable and responsible chara cter; and
305-
306549 2. The person shall have submitted evidence satisfactor y to the
307550 Board Department of the person’s ability to supervise the defined
308551 facility type in which he or she is be licensed or certified to
309552 serve as a Tier 1 long-term care administrator or T ier 2 long-term
310553 care administrator.
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312554 C. The Commissioner shall hav e the authority to determine the
313555 qualifications, skill, and fitness of any pers on to serve as a long-
314556 term care administrator under the applicable provisions of the
315557 Nursing Home Care Act, the Continuum of Care and Assisted Living
316-Act, the Residential Care A ct, and the Adult Day Care Act. The ENR. H. B. NO. 2824 Page 8
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317585 Commissioner shall promulgate rules to det ermine the qualifications
318586 for licensure or certification as a Tier 1 or Tier 2 long -term care
319587 administrator. Such rules may, at the discretion of the
320588 Commissioner, include a requirement for licensure instead of
321589 certification for either or both of the tier s of long-term care
322590 administrators.
323-
324591 D. 1. All persons currently licensed or certified or lawfully
325592 serving as an administrator in their defined facility type shall be
326593 permitted to continue to serve in their current capacity under their
327594 current terms of authorization. The Board Commissioner may
328595 promulgate rules pursuant to Section 330.57 of this title to address
329596 future certification and licensure requirements for all both tiers
330597 of long-term care administrator types administrators without effect
331598 on the licensure or certification status of those currently
332599 certified or licensed . Until such rules are promulgated, c urrent
333600 licensure and certification processes and standards shall remain in
334601 place.
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336602 2. To be eligible for licensure or certification as either a
337603 Tier 1 or Tier 2 long-term care administrator, the applicant shall
338604 have successfully completed a training and ed ucation program
339605 approved by the Commissioner.
340-
341606 3. The Board Commissioner shall not include a requirement for a
342607 four-year degree in any future licensing or certification
343608 requirements for assisted living, residential care or adult day care
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344635 administrators. Until such rules are promulgated, current licensure
345636 and certification processes and standards shall remain in place Tier
346637 2 long-term care administrat ors.
347-
348638 D. The Oklahoma State Board of Examiners for Long -Term Care
349639 Administrators shall, on or before July 1, 20 17, promulgate rules
350640 permitting eligible applicants to
351-
352641 4. In addition to the requirement provided by paragraph 2 of
353642 this subsection, to be eligi ble for licensure or certification as a
354643 Tier 1 long-term care administrator , the applicant shall:
355-
356644 a. hold a baccalaureate degree from an institution of
357645 higher education, or
358-
359646 b. hold an associate degree in a health - or business-
360647 related field or other relevan t field as determined by
361-the Commissioner and have not less than five (5) years ENR. H. B. NO. 2824 Page 9
648+the Commissioner and have not less than five (5) years
362649 of experience in upper -level management of a long-term
363650 care facility as determined by the Commi ssioner.
364-
365651 E. Eligible applicants may sit for the state standards
366652 examination at a testing facility using procedures approved by the
367653 National Association of Long -Term Care Administrator Board, Boards
368654 including, but not limited to, the use of electronic or online
369655 methods for examination.
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371656 E. The Oklahoma State Board of Examiners for Long -Term Care
372657 Administrators shall promulgate rules to implement the provisions of
373658 this section.
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375685 F. The State Department of Health shall either:
376-
377686 1. Approve one or more organizations or agencies to provide
378687 training and education programs for long -term care administrators.
379688 Each such organization or agency shall meet such requirements as may
380689 be prescribed by rules promulgated by the State Commissioner of
381690 Health;
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383691 2. Offer a training and education program for long -term care
384692 administrators conducted by the Depar tment; or
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386693 3. Both approve one or more organizations to provide training
387694 and education programs for long-term care administrators as
388695 described in paragraph 1 of this subsection and offer a training and
389696 education program for long -term care administrators conducted by the
390697 Department as described in paragraph 2 of this subsection .
391-
392698 G. 1. Each person licensed or certi fied as a long-term care
393699 administrator under the provisions of this act shall pay an annual
394700 license or certification fee which shall be deposited in the Long-
395701 Term Care Administrator Revolving Fund described in Section 7 of
396702 this act. Such fee shall be dete rmined by the Commissioner. Each
397703 such license or certification shall expire on the thirty -first day
398704 of December following its issuance, and shal l be renewable for a
399705 calendar year, upon meeting the renewal requirements a nd upon
400706 payment of the annual licens ure or certification fee.
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402733 2. In addition to licensure and certification fees, the
403734 Commissioner may impose fees on agencies and organizations tha t
404735 provide training and education program s.
405- ENR. H. B. NO. 2824 Page 10
406736 3. All revenues collected as a result of fees authorized in
407737 this section and imposed by the Commissioner shall be deposited into
408738 the Long-Term Care Administrator Revolving Fund described in Section
409739 7 of this act.
410-
411740 H. The State Commissioner of Health shall promulgate rules to
412741 provide for licensure or certification by endor sement of long-term
413742 care administrators who are licensed or certified in other states
414743 that have requirements for licensure or certification of lo ng-term
415744 care administrators that are substantially equivalent to or greater
416745 than the requirements of this state , as determined by the
417746 Commissioner.
418-
419747 I. It shall be unlawful for any person to act or serve in the
420748 capacity of a long-term care administrator un less the person is the
421749 holder of a license or certificate as a long -term care
422750 administrator, issued in accordan ce with the provisions of this act.
423751 A person found guilty of a violation of this subsection shall, upon
424752 conviction, be guilty of a misdemeanor.
425-
426753 SECTION 6. AMENDATORY 63 O.S. 2021, Section 330.58, is
427754 amended to read as follows:
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428780
429781 Section 330.58 The Oklahoma State Board of Examiners for Long -
430782 Term Care Administrators shall State Department of Health or, as
431783 appropriate, the State Commissioner of Health shall:
432-
433784 1. Develop and apply standards for approval of training and
434785 education programs for long-term care administrators that meet the
435786 accreditation standards of the National Association of Long Term
436787 Care Administrator Boards and approve or offer training and
437788 education programs, or both, as described in subsec tion F of Section
438789 330.53 of this title;
439-
440790 2. Develop, impose, and enforce standards which must be met by
441791 individuals in order to receive a license or certification as a
442792 long-term care administrator, which standards shall be designed to
443793 ensure that long-term care administrators will be individuals who
444794 are of good character and are otherwise suitable, and who, by
445795 training or experience in the field of institutional administration ,
446796 are qualified to serve as long-term care administrators;
447-
448797 2. 3. Develop and apply appropriate techniques, inc luding
449798 examinations and investigations, for determining whether an
450-individual meets such standards; ENR. H. B. NO. 2824 Page 11
451-
799+individual meets such standards;
452800 3. 4. Issue licenses or certifications to in dividuals
453801 determined, after the application of such techniques, to meet such
454802 standards. The Board Department may deny an initial application,
455803 deny a renewal application, and revoke or suspend licenses or
456804 certifications previously issued by the Board Department in any case
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457831 where the individual holding any such license or certification is
458832 determined substantially to have failed to conform to the
459833 requirements of such standards. The Board Department may also warn,
460834 censure, impose administrative fines or use o ther remedies that may
461835 be considered to be less than revocation and suspension.
462836 Administrative fines imposed p ursuant to this section shall not
463837 exceed One Thousand Dollars ($1,000.00) per violation. The Board
464838 Department shall consider the scope, severity and repetition of the
465839 violation and any additional factors deemed appropriate by the Board
466840 Department when issuing a fine. The Department may utilize one or
467841 more administrative law judges to conduct administrative
468842 proceedings;
469-
470843 4. 5. Establish and carry out procedures designed to ensure
471844 that individuals licensed or certified as long -term care
472845 administrators will, during any period that they serve as such,
473846 comply with the requirements of such standards;
474-
475847 5. 6. Receive, investigate, and take appropriate act ion with
476848 respect to any charge or complaint filed with the Board Department
477849 to the effect that any individual l icensed as a long-term care
478850 administrator has failed to comply with the requirements of such
479851 standards. The long -term care ombudsman program of the Aging
480852 Services Division of the Department of Human Services shall be
481853 notified of all complaint investigatio ns of the Board Department so
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482880 that they may be present at any such complaint investigation for the
483881 purpose of representing long -term care facility consumers;
484-
485882 6. 7. Receive and take appropriate action on any complaint or
486883 referral received by the Board Department from the Department of
487884 Human Services or any other regulatory agency . Complaints may also
488885 be generated by the Board or staff . A complaint shall not be
489886 published on the web site website of the Oklahoma State Board of
490887 Examiners for Long-Term Care Administrators Department unless there
491888 is a finding by the Board Department that the complaint has merit.
492889 The Board Commissioner shall promulgate rules that include, but are
493890 not limited to, provisions for:
494-
495-a. establishing a complaint review process, ENR. H. B. NO. 2824 Page 12
496-
891+a. establishing a complaint review process,
497892 b. creating a formal complaint file, and
498-
499893 c. establishing a protocol for investigation of
500894 complaints, and
501-
502895 d. establishing an independent informal dispute
503896 resolution process in accordance with Section 9 of
504897 this act;
505-
506898 7. 8. Enforce the provisions of Sections 330.51 through 330.65
507899 of this title this act against all persons who are in violation
508900 thereof including, but not limited to, individuals who are
509901 practicing or attempting to practice as long-term care
510902 administrators without proper authorization from the Board
511903 Department;
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512929
513930 8. 9. Conduct a continuing s tudy and investigation of long -term
514931 care facilities and administrators of long -term care facilities
515932 within the state with a view toward the improvement of the standards
516933 imposed for the licensing or certifying of such ad ministrators and
517934 of procedures and me thods for the enforcement of such standards with
518935 respect to administrators of long -term care facilities who have been
519936 licensed or certified;
520-
521937 9. 10. Cooperate with and provide assistance when necessary to
522938 state regulatory agencies in investigations of comp laints;
523-
524939 10. 11. Develop a code of ethics for long -term care
525940 administrators which includes, but is not limit ed to, a statement
526941 that administrators have a fiduciary duty to the facility and cannot
527942 serve as guardian of th e person or of the estate, or hold a durable
528943 power of attorney or power of attorney for any resident of a
529944 facility of which they are an administr ator;
530-
531945 11. 12. Report a final adverse action against a long -term care
532946 administrator to the Healthcare Integrity and Protection Data Bank
533947 pursuant to federal regula tory requirements;
534-
535948 12. 13. Refer completed investigations to the proper law
536949 enforcement authorities for prosecution of criminal activities;
537-
538950 13. 14. Impose administrative fines, in an amount to be
539951 determined by the Board Commissioner, against persons who do not
540-comply with the provisions of this act or the rules adopted by the ENR. H. B. NO. 2824 Page 13
952+comply with the provisions of this act or the rules adopted by the
541953 Board Commissioner. Administrative fines imposed pursuant to this
954+
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542980 section shall not exceed One Thousand Dollars ($1,000.00) per
543981 violation. The Board Department shall consider the s cope, severity
544982 and repetition of the violation and any additional factors deemed
545983 appropriate by the Board Department when issuing a fine;
546-
547984 14. 15. Assess the costs of the hearing process, including
548985 attorney fees;
549-
550986 15. 16. Grant short-term provisional licen ses to individuals
551987 who do not meet all of the licensing requirements, provided the
552988 individual obtains the services of a currently licensed
553989 administrator to act as a consultant and meets any additional
554990 criteria for a provisional license established by the Board
555991 Commissioner;
556-
557992 16. Order a summary suspension of an administrator ’s license or
558993 certification or an Administrator in Training (AIT) permit, if, in
559994 the course of an investigation, it is determined that a licensee,
560995 certificate holder or AIT candidate for licensure has engaged in
561996 conduct of a nature that is detrimental to the health, safety or
562997 welfare of the public, and which conduct necessitates immediate
563998 action to prevent further harm ; and
564-
565999 17. Promulgate rules governing the employment of assistant
5661000 administrators for nursing and skilled nursing facilities including,
5671001 but not limited to, minimum q ualifications; and
568-
5691002 18. Employ such staff as may be necessary to carry out the
5701003 duties of this act.
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5721030 SECTION 7. AMENDATORY 63 O.S. 2021, Se ction 330.62, is
5731031 amended to read as follows:
574-
5751032 Section 330.62 There is hereby created in the S tate Treasury a
5761033 revolving fund for the Oklahoma State Board of Examiners for Long -
5771034 Term Care Administrators State Department of Health to be designated
5781035 the “Oklahoma State Board of Examiners for Long-Term Care
5791036 Administrators Administrator Revolving Fund”. The fund shall be a
5801037 continuing fund, not subject to fiscal year limitations, and shall
5811038 consist of such sources of income as are provided by law. All
5821039 monies accruing to the credit of said the fund are hereby
5831040 appropriated and may be budge ted and expended by the Oklahoma State
5841041 Board of Examiners for Long -Term Care Administrators Department to
585-carry out the duties est ablished by law this act. Expenditures from ENR. H. B. NO. 2824 Page 14
1042+carry out the duties est ablished by law this act. Expenditures from
5861043 said the fund shall be made upon warrants issued by the State
5871044 Treasurer against claims filed as prescribed by law with the
5881045 Director of the Office of Management and Enterprise Services for
5891046 approval and payment.
590-
5911047 SECTION 8. AMENDATORY 63 O.S. 2021, Section 330.64, is
5921048 amended to read as follows:
593-
5941049 Section 330.64 A. Any person or agency may submit to the State
5951050 Department of Health a complaint against a long -term care
5961051 administrator. Complaint s may also be generated by the Department.
5971052 Each investigation of a complaint received by the Oklahoma State
5981053 Board of Examiners for Long-Term Care Administrators Department
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5991080 shall be initiated within ninety (90) days from the date the
6001081 complaint is received by the Board Department. Each complaint
6011082 investigation shall be completed within twelve (12) months of
6021083 initiation. The time p eriod may be extended by the Board Department
6031084 for good cause.
604-
6051085 B. Effective May 13, 2005, the Board Upon conclusion of an
6061086 investigation, if the Department determines that an administrator
6071087 has violated this act, the Department shall promptly serve a notice
6081088 of violation to the administrator. The notice of violation shall be
6091089 prepared in writing and shall specify the nature of the viola tion or
6101090 violations and the provision or provisions of state law or rule
6111091 alleged to have been violated. The notice of violation shall inform
6121092 the administrator of his or her right to an independent inf ormal
6131093 dispute resolution conducted in accordance with Se ction 9 of this
6141094 act or a hearing conducted under subsection C of this section, or
6151095 both, and instruction on how to seek an informal dispute resolu tion
6161096 or hearing.
617-
6181097 C. If the case is not resolved throug h the independent informal
6191098 dispute resolution process pr escribed by Section 9 of this act, the
6201099 administrator shall be afforded notice and a hearing in accordance
6211100 with the provisions of Article II of th e Administrative Procedures
6221101 Act. Any party aggrieved b y a decision of the Department following
6231102 a hearing may appeal directly to district court under Section 318 of
6241103 Title 75 of the Oklahoma Statutes.
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6261130 D. Notwithstanding any other provision of this section, the
6271131 Department may order a summary suspension of an ad ministrator’s
6281132 license or certification or an Administrat or in Training (AIT)
6291133 permit if, in the course of an investigation, it is determined that
630-a licensee, certificate holder, or AIT candidate for lic ensure has ENR. H. B. NO. 2824 Page 15
1134+a licensee, certificate holder, or AIT candidate for lic ensure has
6311135 engaged in conduct of a nature that is detri mental to the health,
6321136 safety, or welfare of the public, and which conduct necessitates
6331137 immediate action to prevent further harm. The Department shall
6341138 immediately notify the licensee, certificate holde r, or AIT
6351139 candidate upon issuance of the order. The li censee, certificate
6361140 holder, or AIT candidate shall have the right to contest the order
6371141 at a hearing as provided by subsection C of this section.
638-
6391142 E. To ensure the confidentiality of an investigative fi le
6401143 obtained during the investigation, the information i n the
6411144 investigative file shall not be deemed to be a rec ord as that term
6421145 is defined in the Oklahoma Open Records Act nor shall the
6431146 information be subject to subpoena or discovery in any civil or
6441147 criminal proceeding, except that the Department may give the
6451148 information to law enforcement and other state licensing agencies as
6461149 necessary and appropriate in the discharge of the duties of that
6471150 agency and only under circumstances that will ensure against
6481151 unauthorized access to the information. The respondent may a cquire
6491152 information obtained during an investigation, unl ess the disclosure
6501153 of the information is otherwise prohibited, if the respondent signs
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6511180 a protective order whereby the respondent agrees to use th e
6521181 information solely for the purpose of defense in the proceedings of
6531182 the Department and in any appeal therefro m and agrees not to
6541183 otherwise disclose the information.
655-
6561184 F. The Department shall create and maintain a registry of all
6571185 complaints or referrals, found by the Board Department to have
6581186 merit, complaining of acts or omissions of licensed administrators.
6591187 The registry shall be maintained in both electronic and paper
6601188 formats and shall be available for inspection by the public. Such
6611189 registry shall be organized both in chronological order by the date
6621190 of the complaint and by the name of the licensed administrator. The
6631191 registry shall contain information about the nature of the complaint
6641192 and the action, if any, taken by the Board Department. The registry
6651193 shall also contain the number of complaints made against an
6661194 individual administrator.
667-
6681195 SECTION 9. NEW LAW A new section of law to be codified
6691196 in the Oklahoma Statutes as Section 1 -1949.7 of Title 63, unless
6701197 there is created a duplication in numbering, reads as follows:
671-
6721198 A. The Department shall give a long-term care administrator who
6731199 the Department has determined, upon investigation, has violated the
6741200 provisions of this act an opportunity to participate in an
675-independent informal dispute resolution process of the case in ENR. H. B. NO. 2824 Page 16
1201+independent informal dispute resolution process of the case in
6761202 accordance with this section. The Department may contract with a
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6771229 third-party vendor to provide the independent informal dispute
6781230 resolution.
679-
6801231 B. The administrator shall make a written request to the
6811232 Department to participate in an informal dispute resolution. Upon
6821233 receipt of such request, the Department shall:
683-
6841234 1. Refer the case t o the informal dispute resolution provider,
6851235 if the Department contracts with a third -party vendor as described
6861236 in subsection A of this section, and the informal dispute resolution
6871237 provider shall:
688-
6891238 a. schedule a time and date for an informal dispute
6901239 resolution meeting and inform the parties of such time
6911240 and date, and
692-
6931241 b. appoint an impartial decision -making panel to conduct
6941242 the informal dispute resolu tion as provided by
6951243 subsection C of this section; or
696-
6971244 2. If the Department does not contract with a third -party
6981245 vendor as described in subsection A of this section, the Department
6991246 shall:
700-
7011247 a. schedule a time and date for an informal di spute
7021248 resolution meeting and inform the parties of such time
7031249 and date, and
704-
7051250 b. appoint an impartial decision -making panel to conduct
7061251 the informal dispute resolution as provided by
7071252 subsection C of this section.
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7091279 C. The impartial decision -making panel shall b e a group of six
7101280 (6) individuals who meet the following criteria:
711-
7121281 1. Three members shall be impartial volunteers who have
7131282 experience in the operation of the same type of long -term facility
7141283 as the administrator who is the subject of the complaint. Such
7151284 volunteers may include, b ut not be limited to, an administrator,
7161285 assistant administrator, owner, operator, director of nursing , or
7171286 compliance executive of an appropriate long -term care facility, but
7181287 shall not include any person with a direct financial interest in any
7191288 facility that employs or contracts with the administrator who is the
720-subject of the complaint; and ENR. H. B. NO. 2824 Page 17
721-
1289+subject of the complaint; and
7221290 2. Three members shall b e persons representing the aging or
7231291 disabled community, as appropriate for the type of long-term
7241292 facility whose administrator is the subject of t he complaint.
725-
7261293 D. Each party shall submit to the impartial decision -making
7271294 panel all documentary evidence that the party believes has a bearing
7281295 on or relevance to the violation or violations alleged by the
7291296 Department in the complaint.
730-
7311297 E. The Department sh all present initial arguments. The
7321298 administrator shall then present his or her arguments. The informal
7331299 dispute resolution shall be limited to no more than two (2) hours in
7341300 length, with each party being permitted one (1) hour to present its
7351301 arguments; however, the impartial decision-making panel may grant
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7361328 each party additional equal time for good cause as determin ed by the
737-impartial decision-making panel.
738-
1329+impartial decision making -panel.
7391330 F. Rules of evidence or procedure shall not apply to the
7401331 informal dispute resolution except as provid ed in this section. The
7411332 impartial decision-making panel may:
742-
7431333 1. Accept any information that the impartial dec ision-making
7441334 panel deems material to the issue being presented; and
745-
7461335 2. Reject any information that the impartial decision -making
7471336 panel deems immaterial to the issue being presented.
748-
7491337 G. The informal dispute resolution may not be recorded;
7501338 however, the impartial decision-making panel may make written or
7511339 recorded notes of the arguments.
752-
7531340 H. 1. Only employees of or health care providers contracted b y
7541341 the facility where the administrator who is the subject of the
7551342 complaint is employed may appear or participat e in the informal
7561343 dispute resolution on behalf of the administrator , except that the
7571344 administrator may call one character witness to appear and t estify
7581345 on his or her behalf.
759-
7601346 2. Only employees of the Department may appear or participate
7611347 at the meeting for, or on behalf of, the Department for the purpose
7621348 of presenting arguments . In addition to such employees, one or more
7631349 employees of the Department may provide technical assistance to the
7641350 impartial decision-making panel at the panel’s request. Any
765-employee of the Department who participates in the informal dispute ENR. H. B. NO. 2824 Page 18
1351+employee of the Department who participates in the informal dispute
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7661378 resolution process as described in this paragraph shall have no
7671379 current involvement in long-term care facility surveys including but
7681380 not limited to the informal dispute resolution process described in
7691381 Section 1-1914.3 et seq. of Title 63 of the Oklahoma Statutes or the
7701382 alternative informal dispute resolution process described in Section
7711383 1-1914.11 et seq. of Title 63 of the Oklahoma Statutes for long -term
7721384 care facilities.
773-
7741385 3. The State Long-Term Care Ombudsman or designee may appear at
7751386 or participate in the informal dispute resolution .
776-
7771387 4. No party may be represented by an attorney in the informal
7781388 dispute resolution.
779-
7801389 I. The informal dispute resolution process is limited to
7811390 violations alleged by the D epartment in the complaint. If the
7821391 impartial decision-making panel finds that matters not subject to
7831392 the informal dispute resolution are present ed, the impartial
7841393 decision-making panel shall strike all documentary evidence related
7851394 to or presented for the p urpose of disputing the matter not subject
7861395 to the informal dispute resolution. The impartial decision -making
7871396 panel may not include in the statem ent of findings described in
7881397 subsection J of this section any matter not subject to the informal
7891398 dispute resolution.
790-
7911399 J. Upon the conclusion of all arguments by the parties at the
7921400 informal dispute resolution, the impartial decision -making panel
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7931427 shall issue a written statement of findings, which shall be provided
7941428 to all parties and which shall include:
795-
7961429 1. A summary of any alleged violations;
797-
7981430 2. A statement of whether the impartial decision -making panel
7991431 agrees that the alleged violation or violations occurr ed;
800-
8011432 3. The facts and persuasive arguments that support the finding
8021433 of the impartial decision -making panel for each alleged violation;
8031434 and
804-
8051435 4. A recommendation on appropriate disciplinary action against
8061436 the administrator, if any.
807-
8081437 K. If the impartial decis ion-making panel cannot reach a
809-majority decision on the findings of the informal dispute resolution ENR. H. B. NO. 2824 Page 19
1438+majority decision on the findings of the informal dispute resolution
8101439 as described in subsection J of this section, the State Commissioner
8111440 of Health may intervene for the purpose of breaking a tie.
812-
8131441 L. The Department shall re view the findings of the impartial
8141442 decision-making panel and shall take such findings into
8151443 consideration when d etermining whether to pursue further
8161444 disciplinary action against the administrator.
817-
8181445 SECTION 10. NEW LAW A new section of l aw to be codified
8191446 in the Oklahoma Statutes as Section 1 -1949.8 of Title 63, unless
8201447 there is created a duplicati on in numbering, reads as follows:
821-
8221448 The State Commissioner of Health shall promulgate rules to
8231449 implement the provisions of this act.
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8241475
8251476 SECTION 11. AMENDATORY 51 O.S. 2021, Section 24A.3, as
8261477 amended by Section 1, Chapter 402, O.S.L. 20 22 (51 O.S. Supp. 2022,
8271478 Section 24A.3), is amended to read as follows:
828-
8291479 Section 24A.3 As used in the Oklahoma Open Records Act:
830-
8311480 1. “Record” means all documents including, but not limited to,
8321481 any book, paper, photograph, microfilm, data files created by or
8331482 used with computer software, computer tape, disk, record, sound
8341483 recording, film recording, video record or other material regardless
8351484 of physical form or characteristic, created by, received by, under
8361485 the authority of, or coming into the custody, control o r possession
8371486 of public officials, public bodies or their representatives in
8381487 connection with the transaction of public business, the expenditure
8391488 of public funds or the administering of public property. “Record”
8401489 Record does not mean:
841-
8421490 a. computer software,
843-
8441491 b. nongovernment personal effects,
845-
8461492 c. unless public disclosure is required by other laws or
8471493 regulations, vehicle movement records of the Oklahoma
8481494 Transportation Authority obtained in connection with
8491495 the Authority’s electronic toll collection system,
850-
8511496 d. personal financial information, credit reports or
8521497 other financial data obtained by or submitted to a
8531498 public body for the purpose of evaluating credit
854-worthiness, obtaining a license, permit or for the ENR. H. B. NO. 2824 Page 20
1499+worthiness, obtaining a license, permit or for the
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8551526 purpose of becoming qualified to contract with a
8561527 public body,
857-
8581528 e. any digital audio/video recordings of the toll
8591529 collection and safeguarding activities of the Oklahoma
8601530 Transportation Authority,
861-
8621531 f. any personal information provided by a guest at any
8631532 facility owned or operated by the Oklahoma Tourism and
8641533 Recreation Department to obtain any service at the
8651534 facility or by a purchaser of a product sold by or
8661535 through the Oklahoma Tourism and Recreation
8671536 Department,
868-
8691537 g. a Department of Defense Form 214 (DD Form 214) filed
8701538 with a county clerk including any DD Form 214 filed
8711539 before July 1, 2002,
872-
8731540 h. except as provided for in Section 2 -110 of Title 47 of
8741541 the Oklahoma Statutes ,:
875-
8761542 (1) any record in connection with a Motor Ve hicle
8771543 Report issued by the Department of Public Safety,
8781544 as prescribed in Section 6 -117 of Title 47 of the
8791545 Oklahoma Statutes, or
880-
8811546 (2) personal information within driver records, as
8821547 defined by the Driver ’s Privacy Protection Act,
8831548 18 United States Code, Sectio ns 2721 through
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8841575 2725, which are stored and maintained by the
8851576 Department of Public Safety, or
886-
8871577 i. any portion of any document or information provided to
8881578 an agency or entity of the state or a political
8891579 subdivision to obtain licensure under the laws of this
8901580 state or a political subdivision that contains an
8911581 applicant’s personal address, personal phone number,
8921582 personal electronic mail address or other contact
8931583 information. Provided, however, lists of persons
8941584 licensed, the existence of a license of a person, or a
8951585 business or commercial address, or other business or
8961586 commercial information disclosable under state law
8971587 submitted with an application for licensure shall be
8981588 public record, or
899- ENR. H. B. NO. 2824 Page 21
9001589 j. an investigative file obtained during an investigation
9011590 conducted by the State Department of Health under this
9021591 act;
903-
9041592 2. “Public body” shall include, but not be limited to, any
9051593 office, department, board, bureau, commission, agency, trusteeship,
9061594 authority, council, committee, trust or any entity created by a
9071595 trust, county, city, village, town, township, district, school
9081596 district, fair board, cour t, executive office, advisory group, task
9091597 force, study group or any subdivision thereof, supported in whole or
9101598 in part by public funds or entrusted with the expenditure of publi c
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9111625 funds or administering or operating public property, and all
9121626 committees, or subcommittees thereof. Except for the records
9131627 required by Section 24A.4 of this title, “public body” public body
9141628 does not mean judges, justices, the Council on Judicial Complain ts,
9151629 the Legislature or legislators. “Public body” Public body shall not
9161630 include an organization that is exempt from federal inc ome tax under
9171631 Section 501(c)(3) of the Internal Revenue Code of 1986, as amended,
9181632 and whose sole beneficiary is a college or uni versity, or an
9191633 affiliated entity of the college or university, that is a member of
9201634 The Oklahoma State System of Higher Education . Such organization
9211635 shall not receive direct appropriations from the Oklahoma
9221636 Legislature. The following persons shall not be eligible to serve
9231637 as a voting member of the governing board of the organization:
924-
9251638 a. a member, officer, or employee of the Oklaho ma State
9261639 Regents for Higher Education,
927-
9281640 b. a member of the board of regents or other governing
9291641 board of the college or university that is the sole
9301642 beneficiary of the organization, or
931-
9321643 c. an officer or employee of the college or university
9331644 that is the sole beneficiary of the organization;
934-
9351645 3. “Public office” means the physical location where public
9361646 bodies conduct business or keep reco rds;
937-
9381647 4. “Public official” means any official or employee of any
9391648 public body as defined herein; and
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9411675 5. “Law enforcement agency ” means any public body charged with
9421676 enforcing state or local criminal laws and initiating criminal
9431677 prosecutions including, but n ot limited to, police departments,
944-county sheriffs, the Department of Public Sa fety, the Oklahoma State ENR. H. B. NO. 2824 Page 22
1678+county sheriffs, the Department of Public Sa fety, the Oklahoma State
9451679 Bureau of Narcotics and Dangerous Drugs Control, the Alcoholic
9461680 Beverage Laws Enforcement Commission, and the Oklahoma State Bureau
9471681 of Investigation.
948-
9491682 SECTION 12. RECODIFICATION 63 O.S. 2021, Section 330.51,
9501683 as amended by Section 3 of this act, shall be recod ified as Section
9511684 1-1949.2 of Title 63 of the Oklahoma Statutes, unless there is
9521685 created a duplication in numbering.
953-
9541686 SECTION 13. RECODIFICATION 63 O.S. 2021, Section 330.53,
9551687 as amended by Section 5 of this act, shall be recodified as Section
9561688 1-1949.3 of Title 63 of the Oklahoma Statutes, unless there is
9571689 created a duplication in numbering.
958-
9591690 SECTION 14. RECODIFICATION 63 O.S. 2021, Section 330.58,
9601691 as amended by Sectio n 6 of this act, shall be recodified as Section
9611692 1-1949.4 of Title 63 of the Oklahoma Statutes, unless there is
9621693 created a duplication in numbering.
963-
9641694 SECTION 15. RECODIFICATION 63 O.S. 2021, Section 330.62,
9651695 as amended by Section 7 of th is act, shall be recodified as Section
9661696 1-1949.5 of Title 63 of the Oklahoma Statutes, unless there is
9671697 created a duplication in numbering.
9681698
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9691724 SECTION 16. RECODIFICATION 63 O.S. 2021, Section 330.64,
9701725 as amended by Section 8 of this act, s hall be recodified as Section
9711726 1-1949.6 of Title 63 of the Oklahoma Statutes, unless there is
9721727 created a duplication in numbering.
973-
9741728 SECTION 17. REPEALER 63 O .S. 2021, Sections 330.54,
9751729 330.56, 330.57, 330.59, 330.60, 330.61, and 330.65, are hereby
9761730 repealed.
977-
9781731 SECTION 18. Sections 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,
9791732 16, and 17 of this act shall become effective upon certification by
9801733 the State Commissioner of Health that the conditions of Section 2 of
9811734 this act have been met.
982-
9831735 SECTION 19. It being immediately necessary for the preservation
9841736 of the public peace, health or safety, an emergency is hereby
9851737 declared to exist, by reason w hereof this act shall take effect and
986-be in full force from and after its passa ge and approval.
987- ENR. H. B. NO. 2824 Page 23
988-Passed the House of Representatives the 16th day of May, 2023.
989-
1738+be in full force from and after its passa ge and approval.”
1739+Passed the Senate the 26th day of April, 2023.
1740+
1741+
1742+
1743+ Presiding Officer of the Senate
1744+
1745+
1746+Passed the House of Representatives the ____ day of __________,
1747+2023.
9901748
9911749
9921750
9931751 Presiding Officer of the House
994-
9951752 of Representatives
9961753
997-
998-Passed the Senate the 26th day of April, 2023.
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1779+ENGROSSED HOUSE
1780+BILL NO. 2824 By: Kendrix of the House
1781+
1782+ and
1783+
1784+ Bergstrom of the Senate
1785+
1786+
1787+
1788+
1789+
1790+
1791+An Act relating to long-term care; directing transfer
1792+of employees, powers, dutie s, monies and contractual
1793+rights from the Oklahoma State Board of Exa miners for
1794+Long-Term Care Administrators to the State Department
1795+of Health; requiring the Director of the Office of
1796+Management and Enterprise Services to coordinate
1797+certain transfers; directing transfer of certain
1798+administrative rules from the Board to the State
1799+Commissioner of Health; abolishing the Board upon
1800+completion of transfers; creating the Long-Term Care
1801+Advisory Council; providing for appointments to the
1802+Council; prescribing terms of office ; providing for
1803+the election of a chair and vice -chair; stating
1804+powers and duties of the Council; providing for
1805+reimbursement of expenses pursuant to the State
1806+Travel Reimbursement Act; authoriz ing meetings;
1807+prescribing minimum number of meetings; directing the
1808+State Department of Health to provide space for
1809+meetings; requiring certain recusal; directing
1810+promulgation of rules; amending 63 O.S. 2021, Section
1811+330.51, which relates to definitions; removing and
1812+adding definitions; amending 63 O.S. 2021, Section
1813+330.52, which relates to the State Board of
1814+Examiners; extending termination date; amending 63
1815+O.S. 2021, Section 330.53, which relates to li censure
1816+of long-term care administrators; transferring dut ies
1817+to the Department and the Commissioner; requiring
1818+input of the Advisory Council; modifying
1819+applicability of certain provisions; requiring and
1820+authorizing certain fees; directing deposit of fees;
1821+requiring the Commissioner to determine certain
1822+qualifications; prohibiting certain unl icensed
1823+activity; amending 63 O.S. 2021, S ection 330.54,
1824+which relates to license fees; updating citation;
1825+amending 63 O.S. 2021, Section 330.5 7, which relates
1826+
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1852+to qualifications of Administrator ; updating
1853+citation; amending 63 O.S. 2021, Section 330.58,
1854+which relates to duties; transferring duties to the
1855+Department and the Commissioner; requiring input of
1856+the Advisory Council; adding and removing certain
1857+duties; amending 63 O.S. 2021, Section 330.62, which
1858+relates to the Oklahoma State Board of Examiners for
1859+Long-Term Care Administrators Revolving Fund;
1860+renaming and transferring fund; amen ding 63 O.S.
1861+2021, Section 330.64, which relates to complaints;
1862+providing complaint procedures; transferring duti es
1863+to the Department and the Commissioner; requiring
1864+input of the Advisory Council; requiring certain
1865+notice; prohibiting adverse action by the Department
1866+except under certain conditions; requiring the
1867+Advisory Council to revi ew complaints; authorizing
1868+certain investigation and interviews; directi ng
1869+certain recommendation; requiring certain vote;
1870+authorizing the Department to order summary
1871+suspension under certain conditions; requiring
1872+certain notice; granting certain right to suspended
1873+licensee; providing for confidentiality; excluding
1874+certain information from specified definition and
1875+certain proceedings; authorizing certain disclosures;
1876+authorizing informal resolution process; providing
1877+for certain appeals; providing for recodification;
1878+providing for codification; and providing an
1879+effective date.
1880+
1881+
1882+
1883+
1884+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA:
1885+SECTION 20. NEW LAW A new section of law to be codified
1886+in the Oklahoma Statutes as Section 330.66 of Title 63, unless there
1887+is created a duplication in numbering, reads as follows:
1888+A. On the effective date of this act, all employees, powers,
1889+duties, functions, and responsibilities of the Oklahoma State Board
1890+of Examiners for Long-Term Care Administrators shall be transferred
1891+to the State Department of Health. The transfer shall include all
1892+
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1918+equipment, supplies, records, asse ts, current and future
1919+liabilities, fund balances, encumbrances, obligations, and
1920+indebtedness associated with the Oklahoma State Board of Examiners
1921+for Long-Term Care Administrators.
1922+B. Any monies accruing to or in the name of the Oklahoma State
1923+Board of Examiners for Long-Term Care Administrators on and after
1924+the effective date of this act, or a ny monies that accrue in any
1925+funds or accounts or are maintained for the benefit of the Oklahoma
1926+State Board of Examiners for Long -Term Care Administrators on and
1927+after the effective date of this act, shall be transferred to the
1928+State Department of Health.
1929+C. The State Department of Health shall succeed to any
1930+contractual rights and responsibilities incurr ed by the Oklahoma
1931+State Board of Examiners for Long -Term Care Administrators.
1932+D. The Director of the Office of Management and Enterprise
1933+Services is hereby directed to coordinate t he transfer of funds,
1934+allotments, purchase orders , and outstanding financia l obligations
1935+or encumbrances as provided for in this sect ion.
1936+E. On the effective date of this act, all administrative rules
1937+promulgated by the Oklaho ma State Board of Examiners f or Long-Term
1938+Care Administrators shall be transferred to and become a part of the
1939+administrative rules of the State Department of Health. The Office
1940+of Administrative Rules in the Secretary of State's office shall
1941+provide adequate notice in the Oklahoma R egister of the transfer of
1942+
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1968+such rules and shall place the transferred rules under the
1969+Administrative Code section of the State Depart ment of Health. Such
1970+rules shall continue in force and effect as rules of the State
1971+Department of Health from and after th e effective date of this act,
1972+and any amendment, repeal , or addition to the transferred rules
1973+shall be under the jurisdiction of the State Commissioner of Health.
1974+F. The state agency known as the Oklahoma State Board of
1975+Examiners for Long-Term Care Administrators shall be abolished after
1976+all the transfers described in this sectio n have been completed.
1977+SECTION 21. NEW LAW A new section of law to be codified
1978+in the Oklahoma Statutes as Section 1-1923A of Title 63, unless
1979+there is created a duplication in numbering, reads as follows:
1980+A. There is hereby created, to continue until July 1, 202 5, in
1981+accordance with the provisions of the Oklahoma Sunset Law, a Lon g-
1982+Term Care Advisory Council which shall be compos ed of fifteen (15)
1983+members, each of whom shall serve at the pleasure of the member's
1984+appointing authority, as follows:
1985+1. The State Long-Term Care Ombudsman or d esignee. Such
1986+designee must be a current em ployee of the Department of Human
1987+Services;
1988+2. One medical doctor or doctor of osteopathy who practices in
1989+general practice or who specializes in geriatrics, appointed by the
1990+Governor;
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2017+3. One pharmacist who works in a long-term care facility or in
2018+the long-term care industry, appointed by the Governor;
2019+4. One registered nurse, app ointed by the President Pro Tempore
2020+of the Oklahoma State Sen ate;
2021+5. One licensed practical nurse , appointed by the Speaker of
2022+the Oklahoma House of Representat ives;
2023+6. Three representatives of nursing facilities, each of whom
2024+shall be an executive, owner-operator, or licensed administrator of
2025+the facility and shall have not less than three (3) years of
2026+experience as an execut ive, owner-operator, or licensed
2027+administrator of one or more nursing facilities. One of the
2028+representatives shall be appointed by the Governo r, one of the
2029+representatives shall be app ointed by the President Pro Tempore of
2030+the Oklahoma State Senate, and one of the representatives shall be
2031+appointed by the Speaker of the Oklahoma House of Representatives .
2032+At least one of the representatives shall be from a facility with
2033+ninety-five (95) or fewer licensed beds, and at least one
2034+representative shall be from a fa cility with ninety-six (96) or more
2035+licensed beds;
2036+7. Two representatives of an assisted living c enter or
2037+continuum of care facility, each of whom shall be an executive,
2038+owner-operator, or licensed administrator of the center or facility
2039+and shall have not less than three (3) years of experience as an
2040+executive, owner-operator, or licensed administra tor of one or more
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2067+assisted living centers or continuum of care facilities. One of the
2068+representatives shall be appointed by the Pr esident Pro Tempore of
2069+the Oklahoma State Senate, and one shall be appointed by the Speaker
2070+of the Oklahoma House of Represen tatives. One representative shall
2071+be from a facility with sixty-four (64) or fewer lic ensed beds, and
2072+one representative shall be from a facility with sixty-five (65) or
2073+more licensed beds;
2074+8. One representative of an adult day care center or
2075+residential care home, appointed by the Governor, who shall be an
2076+executive, owner-operator, or licensed administrator of the center
2077+or home and shall have not less than three (3) years of experien ce
2078+as an executive, owner-operator, or licensed administrator of one o r
2079+more adult day care c enters or residential care homes;
2080+9. One representative of an intermediate care facility f or
2081+individuals with intellectual disa bilities (ICF/IID), appointed by
2082+the President Pro Tempore of the Oklahoma State Senate, who shall be
2083+an executive, owner-operator, or licensed administrator of the
2084+ICF/IID and shall have not less than three (3) years of expe rience
2085+as an executive owner -operator, or licensed administrator of one or
2086+more ICFs/IID;
2087+10. One representative of a veterans center o perated by the
2088+state, appointed by the Speaker of the Oklahoma House of
2089+Representatives, who shall be a licensed adminis trator or executive-
2090+
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2116+level staff member of one or more veterans ce nters operated by th e
2117+state; and
2118+11. Two members of the general public , both appointed by the
2119+Governor, at least one of whom shall be sixty-five (65) years of ag e
2120+or older. Neither member s hall be a current or former employee of
2121+the State Department of Health or the Departme nt of Human Services,
2122+be currently registered as a lobbyist, or be affili ated with any
2123+organization that represents the long-term care industry or
2124+advocates for senior citizens.
2125+All members shall be in good stand ing.
2126+B. The State Department of H ealth shall provide space for
2127+meetings of the Advisory Council.
2128+C. The Advisory Council shall annually elect a chair, vice-
2129+chair, and secretary-treasurer, shall meet monthly, and may hold
2130+such special meetings as may be necessary. The members of the
2131+Advisory Council shall be reimbursed as provided for by the Stat e
2132+Travel Reimbursement Act.
2133+D. The Advisory Council shall have the power and duty to:
2134+1. Serve as an advisory body to the Department for the
2135+development and improvement of services to and care an d treatment of
2136+residents of facilities subject to the provi sions of the Nursing
2137+Home Care Act, homes subject to the provisions of the Residential
2138+Care Act, and facilities subject to the provisions of the Adult Day
2139+Care Act;
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2166+2. Review, make recommendations regarding, and approve in its
2167+advisory capacity the system of standards developed by the
2168+Department;
2169+3. Evaluate and review the standards, practices, and proc edures
2170+of the Department regarding the administration and en forcement of
2171+the provisions of the Nu rsing Home Care Act, the Residential Care
2172+Act, and the Adult Day Care Act, and th e quality of services and
2173+care and treatment provided to residents of faciliti es and
2174+residential care homes and participants in adult day c are centers.
2175+The Advisory Council may make recommendations to the Department as
2176+necessary and appropriate;
2177+4. Evaluate and review financial accountability standards,
2178+policies and practices of long-term care facilities regarding
2179+residents' funds for which the facility is the payee, and evalu ate
2180+and review expenditures made on behalf of the residen t by the
2181+facility to ensure that such funds are managed appropriately and in
2182+the best interests of th e resident;
2183+5. Publish and distribute an annual report of it s activities
2184+and any recommendations for the improvement of services and care and
2185+treatment to residents of facilitie s and residential care homes and
2186+participants in adult day care centers on or before January 1 of
2187+each year to the Governor, the State Comm issioner of Health, the
2188+State Board of Health, the Speaker of the House of Representatives,
2189+the President Pro Tempore of the Oklahoma State Senate, and the
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2216+chief administrative officer of each ag ency affected by the re port;
2217+and
2218+6. Perform the duties prescribed by Sections 6, 9, 10, and 11
2219+of this act.
2220+E. Any member of the Advisory Council shall recuse himself or
2221+herself from voting or involvement in proceedings on any matter that
2222+originated from or involves an entity with which:
2223+1. The member is related, by blood or marriage, to an owner-
2224+operator, licensed administrator, or executive of an entity u nder
2225+review or consideration;
2226+2. The member has a direct monetary relationship with the
2227+entity under review or consideration or a monetary relationship with
2228+an individual associated with the entity under review or
2229+consideration;
2230+3. The member is an employee or an employer of a n individual or
2231+entity under review or consideration;
2232+4. The member or his or her employer or employee is a direct
2233+competitor of an individual or entity under review or consid eration;
2234+or
2235+5. The member is employed by a subsidiary of the entity that is
2236+under review or consideration, or the member is employed by an
2237+entity that shares an owner with the entity that is under review or
2238+consideration.
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2265+SECTION 22. NEW LAW A new section of law to be codified
2266+in the Oklahoma Statutes as Section 1-1923B of Title 63, unless
2267+there is created a duplication in numbering, reads as follo ws:
2268+The State Commissioner of Health shall promu lgate rules to
2269+implement the provisions of this act.
2270+SECTION 23. AMENDATORY 63 O.S. 2021, Section 330.51, is
2271+amended to read as follows:
2272+Section 330.51 For the purposes of Section 330.51 1-1923C et
2273+seq. of this title, and as used herein:
2274+1. "Board" means the Oklahoma State Board of Examiners for
2275+Long-Term Care Administrators "Advisory Council" means the Long-Term
2276+Care Advisory Council;
2277+2. "Long-term care administrator" means a person licensed or
2278+certified as a nursing facility ad ministrator, an assisted living
2279+facility administrator, a residential care facility adminis trator,
2280+or an adult day care center administrator pursuant to Section 330.51
2281+et seq. of this title. A long-term care administrator must de vote
2282+at least one-half (1/2) of such person’s working ti me to on-the-job
2283+supervision of a long-term care facility; pr ovided that this
2284+requirement shall not apply to an administrator of an interme diate
2285+care facility for individuals with intellectual disabil ities with
2286+sixteen or fewer beds (ICF/IID-16), in which case the person
2287+licensed by the state may be in charge of mor e than one ICF/IID-16,
2288+if such facilities are located within a circle that has a radius of
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2315+not more than fifteen (15) miles, and the total number of facilities
2316+and beds does not exceed six facili ties and sixty-four beds. The
2317+facilities may be free-standing in a community or may be on campus
2318+with a parent institution. The ICF/IID -16 may be independently
2319+owned and operated or may be part of a larger institutional
2320+ownership and operation;
2321+3. "Nursing facility administrator" means a person licensed by
2322+the State of Oklahoma to perform the duties of an administrator
2323+serving in a skilled nursing or nursing or ICF/IID facility;
2324+4. "Assisted living facility administrator " means a person
2325+licensed or certified by the State of Oklahoma to perform the duties
2326+of an administrator serving in an assisted living facility;
2327+5. "Residential care facility administrator" means a person
2328+licensed or certified by the State of Oklahoma to pe rform the duties
2329+of an administrator serving in a residential care facility;
2330+6. "Adult day care center administrator" means a person
2331+licensed or certified by the State of Ok lahoma to perform the duties
2332+of an administrator serving in an adult day care cent er; and
2333+7. "Nursing home", "rest home" and "specialized home" shall
2334+have the same meaning as the term "nursing facility" as such term is
2335+defined in the Nursing Home Care Act ; "assisted living center" and
2336+"continuum of care facility" shall have the same me aning as such
2337+terms are defined in the Continuum of Care and Assisted Living Act;
2338+"home" and "residential care home" shall have the same meaning as
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2365+the terms are used in the Residential Care Act; and "adult day care
2366+center" and "center" shall have the same meaning as such terms are
2367+used in the Adult Day Care Act.
2368+SECTION 24. AMENDATORY 63 O.S. 2021, Section 330.52, is
2369+amended to read as follows:
2370+Section 330.52 A. There is hereby re -created, to continue
2371+until July 1, 2022 November 1, 2023, in accordance with the
2372+provisions of the Oklahoma Sunset Law, the Oklahoma State Board of
2373+Examiners for Long-Term Care Administrators. The Oklahoma State
2374+Board of Examiners for Long-Term Care Administrators shall consist
2375+of fifteen (15) members, eight of whom shall be rep resentatives of
2376+the professions and institutions of long -term care, with
2377+representation from each type of administrator defined in Section
2378+330.51 1-1923C of this title. In order to be eligible to serve as a
2379+member, such administr ators shall be licensed or certifi ed in their
2380+defined facility type, and be in good standing and h ave at least
2381+three (3) years of experience as an administrator in the f acility
2382+type they represent, except a nursing facility administrator as
2383+defined in Section 330.51 1-1923C of this title, who shal l have at
2384+least five (5) years of experience as a nursing f acility
2385+administrator. Four members shall represent the general public, of
2386+which at least two shall be licensed medical professionals concerned
2387+with the care and treatment of critically ill or inf irm elderly
2388+patients. The preceding twelve members shall b e appointed by the
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2415+Governor, with the advice and consent of the Senate. The final
2416+three members shall constitute the State Commissioner of Health, the
2417+Director of the Department of Human Services, and the Director of
2418+the Department of Mental Health and Su bstance Abuse Services, or
2419+their designees.
2420+B. No members other than the ei ght licensed or certified
2421+administrators shall have a direct or indirect financ ial interest in
2422+long-term care facilities.
2423+C. Effective November 1, 2011, all appointed positions of the
2424+current Board shall be deemed vacant. The Governor shall make
2425+initial appointments pursuant to the provisions of this subsection.
2426+Initial appointments shall become effective on November 1, 2 011.
2427+The new members of the Board shall be initially appoi nted as
2428+follows:
2429+1. Four of the members representing each administrator typ e,
2430+two members representing the general public and two other members
2431+shall be appointed for a term of two (2) years to ex pire on October
2432+31, 2013; and
2433+2. Four of the members repre senting each administrator type,
2434+two members representing the general public and one other member
2435+shall be appointed for a term of three (3) years to expir e on
2436+October 31, 2014.
2437+D. After the initial terms, the terms of all appointive members
2438+shall be three (3) years. Any vacancy o ccurring in the position of
2439+
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2465+an appointive member shall be filled by the Governor, with the
2466+advice and consent of the Senate, for the unexpired term.
2467+E. Any member of the Board shall recuse himself or herself from
2468+voting on any matter that originated from or involves an entity with
2469+which the Board member is affiliated.
2470+SECTION 25. AMENDATORY 63 O.S. 20 21, Section 330.53, is
2471+amended to read as follo ws:
2472+Section 330.53 A. The Oklahoma State Board of Examiners for
2473+Long-Term Care Administrators State Department of Health, with the
2474+input and assistance of the Long-Term Care Advisory Council, shall
2475+have authority to issue licenses or certifications to qu alified
2476+persons as long-term care administrators, and shall establish
2477+qualification criteria for each type category of long-term care
2478+administrator.
2479+B. No license or certification shall be issued to a person as a
2480+long-term care administrator unless:
2481+1. The person shall have submitted evidence satisfactory to the
2482+Board Department that the person is:
2483+a. not less than twenty-one (21) years of age, and
2484+b. of reputable and responsible character; and
2485+2. The person shall have submitted evidence satisfactory to the
2486+Board Department of the person's ability to supervise the defined
2487+facility type in which he or she is licensed or certified to serve
2488+as a long-term care administrator.
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2515+C. All persons currently licensed or cert ified or lawfully
2516+serving as an administra tor in their defined facility type shall be
2517+permitted to continue to serve in their current capacity under their
2518+current terms of authorization. Th e Board State Commissioner of
2519+Health may promulgate rules pursuant to Section 330.57 of this title
2520+to address future certification and licensure requirements for all
2521+long-term care administrator types without effect on the licensure
2522+or certification status of those currently certified or licensed.
2523+The Board Commissioner shall not include a requirement for a fou r-
2524+year degree in any future licensing or certification requirements
2525+for assisted living, residential care or adult day care
2526+administrators. Until s uch rules are promulgated, current licensure
2527+and certification pro cesses and standards shall remain in place
2528+long-term care administrators.
2529+D. The Oklahoma State Board of Examiners for Long-Term Care
2530+Administrators shall, on or before July 1, 2017, promul gate rules
2531+permitting eligible applicants to Eligible applicants m ay sit for
2532+the state standards examination at a testing facility using
2533+procedures approved by the National Association of Long-Term Care
2534+Administrator Board, Boards including, but not limited to, the use
2535+of electronic or online methods for examination.
2536+E. The Oklahoma State Board of Examiners for Long-Term Care
2537+Administrators shall promulgate rules to implement the provisions of
2538+this section.
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2565+1. Each person licensed or certified as a long -term care
2566+administrator under the provisions of this act shall pay an annual
2567+license or certification fee whi ch shall be deposited in the Long-
2568+Term Care Revolving Fund created in Section 1-1923M of this title.
2569+Such fee shall be determined by the Commissioner with the input of
2570+the Advisory Council. Each such license or c ertification shall
2571+expire on the thirty-first day of December following its issu ance,
2572+and shall be renewable for a calendar year, upon meeting the renewal
2573+requirements and upon payment of the annual license or certification
2574+fee.
2575+2. In addition to license and certification fees , the
2576+Commissioner and Advisory Council may impose fees for training and
2577+education programs approved by the Department.
2578+3. All revenues collected as a result of fees authorize d in
2579+this section and imposed by the Commissioner shall be deposited into
2580+the Long-Term Care Revolving Fund created in Section 1-1923M of this
2581+title.
2582+F. The Commissioner, with the input and assistance of the
2583+Advisory Council, shall have sole and exclusive authori ty to
2584+determine the qualifications, skill , and fitness of any person to
2585+serve as a long-term care administrator under the applicable
2586+provisions of the Nursing Home Care Act, the Continuum of Care and
2587+Assisted Living Act, the Residential Care Act, and the A dult Day
2588+Care Act. The Commissioner shall, with the input and assistance of
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2590+ENGR. H. B. NO. 2824 Page 17 1
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2615+the Advisory Council, promulgate rules to determine the
2616+qualifications for licensure or certification for the long-term care
2617+administrator categories as defined in Section 1-1923C of this
2618+title. Such rules may include a requirement for licensure instead
2619+of certification for certain long-term care administrator
2620+categories.
2621+G. It shall be unlawful for any person to act or serve in the
2622+capacity as a long-term care administrator unles s the person is the
2623+holder of a license or certificate as a long-term care
2624+administrator, issued in accordance with the provisions of this act.
2625+A person found guilty of a violation of this subsection shall, upon
2626+conviction, be guilty of a misdemeanor .
2627+SECTION 26. AMENDATORY 63 O .S. 2021, Section 330.54, is
2628+amended to read as follows:
2629+Section 330.54 Each person licensed or certifie d as a long-term
2630+care administrator pursuant to the provisions of Section 330.53 1-
2631+1923E of this title shall be required to pay an annual license or
2632+certification fee which shall be depo sited in the Oklahoma State
2633+Board of Examiners for Long -Term Care Administrators Revolving Fund.
2634+Such fee shall be determined by the Oklahoma State Board of
2635+Examiners for Long-Term Care Administrators. Each such license or
2636+certification shall expire on t he 31st day of December following its
2637+issuance, and shall be renewable for a calendar year, upon mee ting
2638+the renewal requirements and upon payment of the annual license fee.
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2640+ENGR. H. B. NO. 2824 Page 18 1
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2665+SECTION 27. AMENDATORY 63 O.S. 2021, Section 330.57, is
2666+amended to read as follows:
2667+Section 330.57 The Oklahoma State Board o f Examiners for Long-
2668+Term Care Administrators shall have sole and exclusive authority to
2669+determine the qualifications, skill and fitness of any person t o
2670+serve as a long-term care administrator under the applicable
2671+provisions of the Nursing Home Care Act, the Continuum of Care and
2672+Assisted Living Act, the Residential Care Act, and the Adult Day
2673+Care Act. The Board shall promulgate rules to determine the
2674+qualifications for licensure or certification for the long-term care
2675+administrator types as defined in S ection 330.51 1-1923C of this
2676+title. Such rules may include a requirement for licensure instead
2677+of certification for certain long -term care administrat or types.
2678+SECTION 28. AMENDATORY 63 O.S. 2021, Section 330.58, is
2679+amended to read as follows:
2680+Section 330.58 The Oklahoma State Board of Examiners for Long-
2681+Term Care Administrators shall State Department of Health or, as
2682+appropriate, the State Commissioner of Health shall, with the input
2683+and assistance of the Long -Term Care Advisory Council:
2684+1. Develop and apply standards for approval of training and
2685+education programs for long-term care administrators that meet the
2686+accreditation standards of the National Association of Long-Term
2687+Care Administrator Boards;
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2714+2. Develop, impose, and enforce standards which must be met by
2715+individuals in order to receive a license or certification as a
2716+long-term care administrator, which standards shal l be designed to
2717+ensure that long-term care administrators will be individuals who
2718+are of good character and are otherwise suitable, and who, by
2719+training or experience in the field of institutional administration,
2720+are qualified to serve as long -term care administrators;
2721+2. 3. Develop and apply appr opriate techniques, including
2722+examinations and investigation s, for determining whether an
2723+individual meets such standards;
2724+3. 4. Issue licenses or certifications to individuals
2725+determined, after the application of such techniques, to meet such
2726+standards. The Board Department may, with the input and assistance
2727+of the Advisory Council, deny an initial application, deny a renewal
2728+application, and revoke or suspend licenses or certifications
2729+previously issued by the Board Department in any case where the
2730+individual holding any such license or certification is determin ed
2731+substantially to have failed to conform to the requirements of such
2732+standards. The Board Department may, with the input and assistance
2733+of the Advisory Council, also warn, censure, impose admin istrative
2734+fines or use other remedies that may be considered to be less than
2735+revocation and suspension. Administrative fines imposed pursuant to
2736+this section shall not exceed One Thousand Dollars ($1,000.00) per
2737+violation. The Board Department shall, with the input and
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2764+assistance of the Advisory Council, consider the scope, severity and
2765+repetition of the violation and any additional factors deemed
2766+appropriate by the Board Department when issuing a fine;
2767+4. 5. Establish and carry out procedures designed t o ensure
2768+that individuals licensed or certified as long -term care
2769+administrators will, during any period that they serve as such,
2770+comply with the requirements of such standards;
2771+5. 6. Receive, investigate , and take appropriate action with
2772+respect to any charge or complaint filed with the Board Department
2773+to the effect that any individual licensed as a long-term care
2774+administrator has failed to comply with the requirements of such
2775+standards. The long -term care ombudsman program of the Aging
2776+Services Division of the Department of Human Services shall be
2777+notified of all complaint investigations of the Board Department so
2778+that they may be present at any such complaint investigation for the
2779+purpose of representing lon g-term care facility consumers;
2780+6. 7. Receive and take appropriate action on any complaint or
2781+referral received by the Board State Department of Health from the
2782+Department of Human Services or any other regulatory agency.
2783+Complaints may also be generated by the Board or staff State
2784+Department of Health. A complaint shall not be published on the web
2785+site website of the Oklahoma State Board of Examiners for Long-Term
2786+Care Administrators State Department of Health unless there is a
2787+finding by the Board Department that the complaint has merit. The
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2814+Board State Commissioner of Health shall, with the input and
2815+assistance of the Advisory Council, promulgate rules that include,
2816+but are not limited to, provisions for:
2817+a. establishing a complaint review process,
2818+b. creating a formal complaint file, and
2819+c. establishing a protocol for investigation of
2820+complaints,
2821+as provided by Section 1-1923N of this title;
2822+7. 8. Enforce the provisions of Sections 330.51 through 330.65
2823+Section 1-1923C et seq. of this title against all persons who are in
2824+violation thereof incl uding, but not limited to, individuals who are
2825+practicing or attempting to practice as long-term care
2826+administrators without proper authorizat ion from the Board
2827+Department;
2828+8. 9. Conduct a continuing study and investigation of long-term
2829+care facilities and administrators of long-term care facilities
2830+within the state with a view toward the improvement of the standards
2831+imposed for the licensing o r certifying of such administrators and
2832+of procedures and methods for the enforcement of such standards with
2833+respect to administrators of long-term care facilities who have b een
2834+licensed or certified;
2835+9. 10. Cooperate with and provide assistance when nece ssary to
2836+state regulatory agencies in investigations of complaints;
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2863+10. 11. Develop a code of ethics for long -term care
2864+administrators which includes, but is not limited to, a statement
2865+that administrators have a fiduciary duty to the facility and cannot
2866+serve as guardian of the person or of the estate, or hold a durable
2867+power of attorney or power of attorney for any resident of a
2868+facility of which they are an administrator;
2869+11. 12. Report a final adverse action against a long-term care
2870+administrator to the Healthcare Integrity and Protection Data Bank
2871+pursuant to federal regulatory requirements;
2872+12. 13. Refer completed investigations to the proper law
2873+enforcement authoritie s for prosecution of criminal activities;
2874+13. 14. Impose administrative fines, in an amount to be
2875+determined by the Board Commissioner, against persons who do not
2876+comply with the provisions of this act Section 1-1923C et seq. of
2877+this title or the rules adopted by the Board Commissioner.
2878+Administrative fines imposed pursuant to this sec tion shall not
2879+exceed One Thousand Dollars ($1,000.00) pe r violation. The Board
2880+Department shall, with the input and assistance of the Advisory
2881+Council, consider the scope, severity and repetition of the
2882+violation and any additional factors deemed appropr iate by the Board
2883+Department when issuing a fine;
2884+14. 15. Assess the costs of the hearing process, including
2885+attorney fees;
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2912+15. 16. Grant short-term provisional licenses t o individuals
2913+who do not meet all of the licensing requirements, provided the
2914+individual obtains the services of a currently licensed
2915+administrator to act as a consultant and meets any additional
2916+criteria for a provisional license established by the Board
2917+Commissioner;
2918+16. Order a summary suspension of an administrator’s license or
2919+certification or an Administrator in Training (AIT) permit, i f, in
2920+the course of an investigation, it is determined that a licensee,
2921+certificate holder or AIT candidate for lice nsure has engaged in
2922+conduct of a nature that is detrimental to the health, safety or
2923+welfare of the public, and which conduct necessitates immediate
2924+action to prevent further harm; and
2925+17. Promulgate rules governing the employment of assistant
2926+administrators for nursing and skilled nursing facilities including,
2927+but not limited to, mini mum qualifications.
2928+SECTION 29. AMENDATORY 63 O.S. 2021, Section 330.62, is
2929+amended to read as follows:
2930+Section 330.62 There is hereby created in t he State Treasury a
2931+revolving fund for the Oklahoma State Board of Examiners for Lo ng-
2932+Term Care Administrators State Department of Health to be designated
2933+the "Oklahoma State Board of Examiners for Long-Term Care
2934+Administrators Revolving Fund". The fund shall be a continuing
2935+fund, not subject to fiscal year limitations, and shall consis t of
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2962+such sources of income as are provided by law. All monies accruing
2963+to the credit of said the fund are hereby appropriated and may be
2964+budgeted and expended by the Oklahoma State Board of Examiners for
2965+Long-Term Care Administrators Department to carry out the duties
2966+established by law this act. Expenditures from said the fund shall
2967+be made upon warrants issued by the State Treasurer against claims
2968+filed as prescribed by law with the Director of the Office of
2969+Management and Enterprise Services for appro val and payment.
2970+SECTION 30. AMENDATORY 63 O.S. 2021, Section 330.64, is
2971+amended to read as follows:
2972+Section 330.64 A. Any person or agency may su bmit to the State
2973+Department of Health a complaint against a long-term care
2974+administrator. Complaints may also be generated by the Department.
2975+Each investigation of a complaint received by the Oklahoma State
2976+Board of Examiners for Long -Term Care Administrators Department
2977+shall be initiated within ninety (90) days from the date the
2978+complaint is received by the Board Department. Each complaint
2979+investigation shall be completed within twelve (12) months of
2980+initiation. The time period may be extended by the Board Department
2981+for good cause. When the Department completes an investigation, t he
2982+Department shall immediately notify the Advisory Counc il and shall
2983+share the investigative file with the Advisory Council.
2984+B. Effective May 13, 2005, the Board The Department shall, with
2985+the input and assistance of the Advisory Council, create and
2986+
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3012+maintain a registry of all complaints or referrals, found by the
3013+Board Department to have merit, complaining of acts or omissions of
3014+licensed administrators. The registry shall be maintained in both
3015+electronic and paper formats and shall be available for insp ection
3016+by the public. Such registry shall be organized b oth in
3017+chronological order by the date of the complaint and by the name of
3018+the licensed administrator. The registry shall contain information
3019+about the nature of the complaint and the action, if any , taken by
3020+the Board Department. The registry shall also contain the number of
3021+complaints made against an individual administrator.
3022+C. The Department shall not take any ad verse action against an
3023+administrator for a violation of this act or the rules prom ulgated
3024+by the State Commissioner of Health before the Advisory Council has
3025+issued a recommendation to the Department regarding the complaint
3026+and before the Department has t aken such recommendation into
3027+consideration, except:
3028+1. As provided by subsection E of this section; or
3029+2. If the Advisory Council does not issue a recommendation
3030+within forty-five (45) calendar days following the date the
3031+investigation is completed .
3032+D. The Advisory Council shall review the complaint and the
3033+investigative materials pr ovided by the Department, may cause the
3034+allegations to be investigated, and may interview witnesses
3035+including but not limited to the administrator who is the subject of
3036+
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3062+the complaint. The Advisory Council shall make a recommendation to
3063+the Department to set the case for hearing, for dismissal, or other
3064+action including but not limited to informal resolution. Any
3065+recommendation of the Advisory Council to the Department under this
3066+subsection shall be voted upon by a quorum of the Advisory Council
3067+in an open meeting.
3068+E. Notwithstanding any other provision of this section, the
3069+Department may order a summary suspension of an administrator's
3070+license or certification or an Adminis trator in Training (AIT)
3071+permit if, in the course of an investigation, it is determ ined that
3072+a licensee, certificate holder, or AIT candidate for licensure has
3073+engaged in conduct of a nature that is detrimental to the health,
3074+safety, or welfare of the publ ic, and which conduct necessitates
3075+immediate action to prevent further harm . The Department shall
3076+immediately notify the licensee, certificate holder, or AIT
3077+candidate upon issuance of the order. The licensee, certificate
3078+holder, or AIT candidate shall have the right to contest the order
3079+at a hearing as provided by subsection H of this section.
3080+F. To ensure the confidentiality of an investi gative file
3081+obtained during the investigation, the information in the
3082+investigative file shall not be deemed to be a record as that term
3083+is defined in the Oklahoma Open Records Act nor shall the
3084+information be subject to subpoena or discovery in any civil or
3085+criminal proceeding, except that the Department may give the
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3112+information to law enforcement and other state licen sing agencies as
3113+necessary and appropriate in the discharge of the duties of that
3114+agency and only under circumstances that will ensure again st
3115+unauthorized access to the information. The respondent may acquire
3116+information obtained during an investigation, unless the disclosure
3117+of the information is otherwise prohibited, except for the
3118+investigative report, if the respondent signs a protective order
3119+whereby the respondent agrees to use the information solely for the
3120+purpose of defense in the proceeding s of the Department or the
3121+Advisory Council and in any appeal therefrom and agrees not t o
3122+otherwise disclose the information.
3123+G. The Department may give the respondent an opportunity to
3124+participate in an informal resolution of the case. Discussions to
3125+resolve the case without a hearing shall be conducted in
3126+consultation with the Advisory Council.
3127+H. If the case is not resolved, the respondent sh all be
3128+afforded notice and a hearing in accordance with the provisions of
3129+Article II of the Administrative Procedure s Act. The Advisory
3130+Council may assist and advise the Department in all hearings and may
3131+recommend to the Department disciplinary action ag ainst the
3132+respondent. Any party aggrieved by a decision of the Department
3133+following a hearing may appeal directly t o district court under
3134+Section 318 of Title 75 of the Oklahoma Statutes .
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3161+SECTION 31. RECODIFICATION 63 O.S. 2021, Section 330.51,
3162+as amended by Section 4 of this act, shall be recodified as Section
3163+1-1923C of Title 63 of the Oklahoma Statutes, unless there is
3164+created a duplication in numbering.
3165+SECTION 32. RECODIFICATION 63 O.S. 2021, Section 330.52,
3166+as amended by Section 5 of this act, shall be recodified as Section
3167+1-1923D of Title 63 of the Oklahoma Statutes, unless there is
3168+created a duplication in numbering.
3169+SECTION 33. RECODIFICATION 63 O.S. 2021, Section 330.53,
3170+as amended by Section 6 of this act, shall be recodified as Sec tion
3171+1-1923E of Title 63 of the Oklahoma Statutes, unless th ere is
3172+created a duplication in numbering.
3173+SECTION 34. RECODIFICATION 63 O.S. 2021, Section 330.54,
3174+as amended by Section 7 of this act, shall be recod ified as Section
3175+1-1923F of Title 63 of the Oklahoma Statutes, unless there is
3176+created a duplication in numbering .
3177+SECTION 35. RECODIFICATION 63 O.S. 2021, Section 330.56,
3178+shall be recodified as Section 1-1923G of Title 63 of the Oklahoma
3179+Statutes, unless there is created a duplication in numbering.
3180+SECTION 36. RECODIFICATION 63 O.S. 2021, Section 330.57,
3181+as amended by Section 8 of this act, shall be recodified as Section
3182+1-1923H of Title 63 of the Oklahoma Statutes, unless there is
3183+created a duplication in numbering.
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3210+SECTION 37. RECODIFICATION 63 O.S. 2021, Section 330.58,
3211+as amended by Section 9 of this act, shall be recodified as Section
3212+1-1923I of Title 63 of the Oklahoma Statutes, unless there is
3213+created a duplication in numbering.
3214+SECTION 38. RECODIFICATION 63 O.S. 2021, Section 330.59,
3215+shall be recodified as Section 1-1923J of Title 63 of the Oklahoma
3216+Statutes, unless there is created a dup lication in numbering.
3217+SECTION 39. RECODIFICATION 63 O.S. 2021, Section 330.60,
3218+shall be recodified as Section 1-1923K of Title 63 of the Oklahoma
3219+Statutes, unless there is created a duplication in numbering.
3220+SECTION 40. RECODIFICATION 63 O.S. 2021, Section 330.61,
3221+shall be recodified as Section 1-1923L of Title 63 of the Oklahoma
3222+Statutes, unless there is created a duplication in numbering.
3223+SECTION 41. RECODIFICATION 63 O.S. 2021, Section 330.62,
3224+as amended by Section 10 of this act, shall be recodified as Section
3225+1-1923M of Title 63 of the Oklahoma S tatutes, unless there is
3226+created a duplication in numbering.
3227+SECTION 42. RECODIFICATION 63 O.S. 20 21, Section 330.64,
3228+as amended by Section 11 of this act, shall be recodified as Section
3229+1-1923N of Title 63 of the Oklahoma Statutes, u nless there is
3230+created a duplication in numbering.
3231+SECTION 43. RECODIFICATION 63 O.S. 2021, Section 330.65,
3232+shall be recodified as Section 1-1923O of Title 63 of the Oklahoma
3233+Statutes, unless there is created a duplication in numbering.
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3260+SECTION 44. This act shall become effective November 1, 2023.
3261+Passed the House of Representatives the 21st day of March, 2023.
3262+
3263+
3264+
3265+
3266+ Presiding Officer of the House
3267+ of Representatives
3268+
3269+
3270+
3271+Passed the Senate the ___ day of __________, 2023.
9993272
10003273
10013274
10023275
10033276 Presiding Officer of the Senate
10043277
10053278
1006-OFFICE OF THE GOVERNOR
1007-Received by the Office of the Governor this ____________________
1008-day of ___________________, 20_______, at _______ o'clock _______ M.
1009-By: _________________________________
1010-Approved by the Governor of the State of Oklahoma this _____ ____
1011-day of ___________________, 20_______, at _______ o'clock _______ M.
1012-
1013-
1014- _________________________________
1015- Governor of the State of Oklahoma
1016-
1017-OFFICE OF THE SECRETARY OF STATE
1018-Received by the Office of the Secretary of State this __________
1019-day of ___________________, 20_______, at _______ o'clock _______ M.
1020-By: _________________________________
10213279