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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
ENGROSSED SENATE
BILL NO. 571 By: Montgomery of the Senate
and
Roe of the House
An Act relating to long-term care; amending 63 O.S.
2021, Section 1-1923, which relates to the Long-Term
Care Facility Advisory Board; changing name;
extending termination date of Long-Term Care Facility
Advisory Council; decreasing and modifying
membership; fixing appointment lengths; permitting
limited reappointment; modifying terminology;
modifying and removing powers and duties; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -1923, is
amended to read as follows:
Section 1-1923. A. There is hereby re -created, to continue
until July 1, 2023 July 1, 2025, in accordance with the provisions
of the Oklahoma Sunset Law, a Long -Term Care Facility Advisory Board
Council which shall be composed as follows:
1. The Governor shall appoint a twenty-seven-member thirteen-
member Long-Term Care Facility Advisory Board Council which shall
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advise the State Commissioner of Health. The Advisory Board Council
shall be comprised of the following persons:
a. one representative from the Office of the State Fire
Marshal, designated by the State Fire Marshal,
b. one representative from the Oklahoma Health Care
Authority, designated by the Administrator,
c. b. one representative from the Department of Mental
Health and Substance Abuse Services, designated by the
Commissioner of Mental Health and Substance Abuse
Services,
d. c. one representative from the Department of Human
Services, designated by the Director of Human
Services,
e. d. one member who shall be a licensed genera l
practitioner of the medical or osteopathic profession,
f. one member who shall be a ge neral practitioner of the
osteopathic profession ,
g. e. one member who shall be a registered pharmacist,
h. f. one member who shall be a licensed registered nurse
or licensed practical nurse,
i. one member who shall be a licensed practical nurse,
j. three members who shall be of reputable and
responsible character and sound physical and mental
health and
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g. one member who shall be operator-administrators an
operator-administrator of a nursing homes which have
current licenses home which has a current license
issued pursuant to the Nursing Home Care Act and who
shall have had five (5) y ears’ experience in the
nursing home profession as operator-administrators an
operator-administrator,
k. three members
h. one member who shall be an operator-administrator of a
residential care home operator-administrators licensed
pursuant to the provisions of the Residential Care
Act,
l. three members
i. one member who shall be an owner-operator of an adult
day care facility owner-operators licensed pursuant to
the provisions of the Adult Day Care Act,
m. three members
j. one member who shall be an owner-operator of a
continuum of care facility or assisted living center
owner-operators licensed pursuant to the provisions of
the Continuum of Care an d Assisted Living Act, and
n. six
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k. two members who shall be over the age of sixty -five
(65) who shall represent the general public and have
no long-term care professional work history , and
l. one member who shall be over the age of sixty-five
(65) who shall represent the general publ ic and who
advocates for individuals receiving long-term care
services; and
2. The designated representative from the Office of the State
Fire Marshal, the designated representative from the Department of
Mental Health and Substance Abuse Services, the de signated
representative from the Department of Human Services, and the
designated representative from the State Department of Health shall
serve at the pleasure of thei r designators;
3. The initial appointments of the Governor Appointments shall
be for the following two-year terms:
a. the initial term of the member of the medical
profession shall be for a three -year term,
b. the initial term of the member of the osteopa thic
profession shall be for a three-year term,
c. the initial term of the registered ph armacist shall be
for a two-year term,
d. the initial term of the licensed registered nurse
shall be for a two-year term,
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e. the initial term of the licensed practical nurse shall
be for a one-year term,
f. of the initial terms for the twelve members who a re
licensed operator-administrators for facilities
pursuant to the Nursing Home Care Act, residential
care homes pursuant to the Residential Care Act, adult
day care facilities pursuant to the Adult Day Care
Act, and continuum of care facilities and assist ed
living centers pursuant to the Continuum of Care and
Assisted Living Act, four shall be for one -year terms,
four shall be for two -year terms, and four shall be
for three-year terms; provided that representatives
for each of the terms shall include one i ndividual
representing facilities subject to the provisions of
the Nursing Home Care Act, one individual representing
residential care homes subject to the Residential Care
Act, one individual representing facilities subject to
the provisions of the Adult Day Care Act, and one
individual representing continuum of care facilities
and assisted living centers subject to the provisions
of the Continuum of Care and Assisted L iving Act, and
g. the initial terms for the six members of the general
public over the age of sixty-five (65) shall be for
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one-, two-, three-, four-, five- and six-year terms
respectively; and
4. After the initial designations or appointments, the
designated representative from the Office of the State Fire Marsha l,
the designated representat ive of the Oklahoma Health Care Authority,
the designated representative of the Department of Human Services
and the designated representative of the Department of Ment al Health
and Substance Abuse Services shall each. Members shall serve at the
pleasure of their designators. All other terms shall be for a
three-year period. Members may be reappointed not to exceed two
terms. In case of a vacancy, the Governor shall appoint individuals
to fill the remainder of the term.
B. The State Department of Healt h shall provide a clerical
staff worker administrative support to perform designated duties of
the Advisory Board Council. The Department shall also provide space
for meetings of the Advisory Board Council.
C. The Advisory Board Council shall annually elect a chair,
vice-chair and secretary-treasurer, shall meet at least quarterly,
and may hold such special meetings as may be necessary. The members
of the Advisory Board Council shall be reimbursed as provided for by
the State Travel Reimbursement Act.
D. The Advisory Board Council shall have the power and duty to:
1. Serve as an advisory body to the Dep artment for the
development and improvement of services to and ca re and treatment of
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residents of facilities subject to the provisions of the Nursing
Home Care Act, homes subject to the provisions of the Residential
Care Act and facilities subject to the p rovisions of the Adult Day
Care Act;
2. Review, and make recommendations regarding, and approve in
its advisory capacity the system of standards develop ed by the
Department quality of services, care , and treatment provided to
individuals receiving services from entities that are subject to the
Nursing Home Care Act, th e Residential Care Act and the Adult Day
Care Act; and
3. Evaluate and review the stand ards, practices, and procedures
of the Department regarding the administration and enforcement of
the provisions of the Nursing Home Care Act, the Residential Care
Act and the Adult Day Care Act, and the quality of services and care
and treatment provided to residents of facilities and residential
care homes and participants in adult day care centers. The Board
may make recommendations to the Department as necessary and
appropriate;
4. Evaluate and review financial accountability standards,
policies and practices of residential care facilities regarding
residents’ funds for which the facility is the payee, and evaluate
and review expenditures made on behalf of the resid ent by the
facility to ensure that such funds are managed appropriately and in
the best interests of the resident; and
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5. Publish and distr ibute an annual report of its activities
and any recommendations for the improvement of services and care and
treatment to residents of facilities and residential care homes and
participants in adult day care centers on or before January 1 of
each year to the Governor, the State Commissioner of Health, the
State Board of Health, the Speaker of the House of Representativ es,
the President Pro Tempore of the Senate, and the chief
administrative officer of eac h agency affected by the report.
SECTION 2. This act shall be come effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH SERVICES AND LO NG-TERM
CARE, dated 04/04/2023 - DO PASS.