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No. 1690 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) SENATE BILL 371 By: Garvin AS INTRODUCED An Act relating to long-term care; amending 63 O.S. 2021, Section 330.53 , which relates to qualifications for license or certification of long-term care administrators; broadening types of administrators exempt from certain requirement ; providing that certain experience shall substitute for certain degree; requiring Oklahoma State Board of Examiners for Long-Term Care Administrators to grant assistant administrator certification to applicants who meet certain criteria; providing for full licensure of certified assistant administrators; requiring Board to grant provisional licensure to applicants who meet certain criteria; granting provisional licensee certain rights; providing for licensure by endorsement; providing for revocation of provisiona l license; requiring Board to approve organizations or agencies for certain training program; stating requirements for training programs; authorizing Board to provide training program under certain conditions ; requiring Board to ensur e availability of at least one training program as alternative to Board program; and providing an effective date . BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKL AHOMA: SECTION 1. AMENDATORY 63 O.S. 2021, Secti on 330.53, is amended to read as follows: Section 330.53. A. The Oklahoma State Board of E xaminers for Long-Term Care Administrat ors shall have authori ty to issue licenses Req. No. 1690 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 or certifications to qualified p ersons as long-term care administrators, and shall establish qualification criteria for each type of long-term care administrator. B. No license or certification shall be issued to a person as a long-term care administrator unless: 1. The person shall ha ve submitted evidence satisfactory to the Board that the person is: a. not less than twenty -one (21) years of age, and b. of reputable and res ponsible character; and 2. The person shall have submitted e vidence satisfactory to the Board of the person’s ability to supervise the defined facility type in which he or she is licensed or certified to serve as a long -term care administrator. C. 1. All persons currently licensed or certified or lawfully serving as an administrator in their defined facility type shall be permitted to continue to serve in their cu rrent capacity under their current terms of authorization. The Board may promulgate rules pursuant to Section 330.57 of this title to address future certification and licensure requ irements for all long -term care administrator types without effect on the licensure or certification status of those currently certified or licensed. The Board shall not include a requirement for a four-year degree in any futu re licensing or certification requirements for assist ed living administrators, residential care or administrators, adult day care Req. No. 1690 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 administrators, or certified assistant administrators . Until such rules are promulgated, current licens ure and certification processes and standards shall remain in place. 2. For licensure or certification of nursing facility administrators, two (2) years of experience a s a certified assistant administrator of, or three (3) years of management experience at, a nursing facility, assisted living center, residential care home, or adult day care center shall substitute for requirement of completion of a four-year degree, provided the licensee meets all other requirements in state law or in rules of t he Board. D. The Oklahoma State Board of Examiners for Long-Term Care Administrators shall , on or before July 1, 2017, promulgate rules permitting eligible applicants to sit for the state standards examination at a testing facil ity using procedures approved by the National Association of Long-Term Care Administrator Board, including but not lim ited to the use of electronic or online methods for examination. E. 1. The Oklahoma State Board of Examiners for Long-Term Care Administrators shall grant assistant administrator certification to any applicant who: a. has obtained a high school diploma, and b. has passed the state standards examination. Req. No. 1690 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. The Board shall grant full licensure as a long-term care administrator to any applicant currently certified as an assistant administrator who: a. has completed the required coursework offered by the Board, b. has completed a training program approved by the Board, and c. meets all other qualifications for licensure of long - term care administrators. F. 1. The Oklahoma State Board of Examiners for Long-Term Care Administrators shall grant a provisional license within ten (10) days of receiving the application to any applicant who: a. is licensed as a long -term care administrato r in another state, b. has passed a nationally recognized examination for long-term care administrat ors, and c. has been recently hired or offered a position as a long-term care administrator at a facility licen sed by the State Department of Health. 2. A provisional licensee shall have all the same rights as a long-term care administrator licensed by the Board. 3. Upon issuance of a provisional license, t he Board shall determine if the provisional licensee meet s the criteria for licensure by endorsement as provi ded by rules of the Board. If the Req. No. 1690 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 provisional licensee meets the qualification criteria for full licensure, the Board shall grant a full long-term care facility administrator license to the provisional licensee not later than thirty (30) days after issuance of the provisional license and shall revoke the provisional license upon issuance of the full license. If the Board determines the provisional licensee does not meet qualification criteria for full li censure, the Board shall revoke the provisional license. G. 1. The Oklahoma State Board of Examiners for Long-Term Care Administrators shall approve one or more organizations or agencies to provide the training program requ ired by the Board. Each such organization or agency shall meet such requirements as may be prescribed by rules of the Board, and the curriculum required by the organization or agency shall not exceed the curriculum required by the Board. 2. In addition to such approved organizations or agencies, the Board may offer the training program; provided, that the curriculum of the training program offered by the Board shall meet the s ame requirements as those imposed by the Board on training programs provided by other organizations and agencie s, and the curriculum of the training program offered by the Board shall not exceed curriculum requirements imposed by the Board on training programs provided by other organizations and agencies . Req. No. 1690 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. The Board shall ensure that at all times there is at least one training program offered by an organization or agency as an alternative to the training program offered by the Board . H. The Oklahoma State Board of Examiners for Long -Term Care Administrators shall promulg ate rules to implement the provisions of this section. SECTION 2. This act shall become effective November 1, 202 3. 59-1-1690 DC 1/15/2023 3:25:53 PM