Oklahoma Senate Bill SB1709 Amended / Bill

                     
 
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SENATE FLOOR VERSION 
February 14, 2024 
 
 
COMMITTEE SUBSTITUTE 
FOR 
SENATE BILL NO. 1709 	By: Rosino of the Senate 
 
  and 
 
  Echols of the House 
 
 
 
[ Department of Human Services - transfers - group 
homes - personnel - allegations - abuse teams - long-
term care - codification - effective date ] 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statute s as Section 1-9-112a of Title 10A, unless 
there is created a duplication in numbering, reads as follows: 
A.  Upon the effective date of this act , the Office of Client 
Advocacy within the Department of Human Services shall transfer to 
the State Department of Health .  The Office of Client Advocacy and 
the Advocate General shall continue to exer cise their statutory 
powers and duties. 
B.  All equipment, supplies, records, matters pending, assets, 
future liabilities, fund balances, encumbrances, obligations, 
indebtedness, and legal and contractual rights and responsibilities 
of the Office of Client Advocacy shall be transferred to the State 
Department of Health .   
 
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C.  Any monies accruing to or in the name of the Office of 
Client Advocacy on and after the effective date of this act , or any 
monies that accrue in any funds o r accounts or are maintained for 
the benefit of the Office of Client Advocacy on and after the 
effective date of this act , shall be transferred to the State 
Department of Health. 
D. The Department of Human Services and the State Department of 
Health may enter into an agreement for the transfer of pers onnel.  
No employee shall be transferred to the State Department of Health 
except on the freely given written consent of the employee.  Any 
employee who is transferred shall not be required to accept a lesser 
grade or salary than presently received.  All employees shall retain 
leave, sick, and annual time earned, and any retirement and 
longevity benefits which have accrued during their tenure with the 
Department of Human Services.  The transfer of personnel bet ween the 
state agencies shall be coordinated wi th the Office of Management 
and Enterprise Services. 
E. The Director of the Office of Management and Enterprise 
Services shall coordinate the transfer of funds, all otments, 
purchase orders, and outstanding fi nancial obligations or 
encumbrances as provided for in this section. 
F.  Upon the effective date of this act , all administrative 
rules promulgated by the Director of Human Services for the Offi ce 
of Client Advocacy shall be transferred to and become a part of the   
 
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administrative rules of the State Depar tment of Health.  The Office 
of Administrative Rules in the Office of the Secretary of State 
shall provide adequate notice in “The Oklahoma Register ” of the 
transfer of such rules and shall place the transferr ed rules under 
the Oklahoma Administr ative Code title of the State Department of 
Health.  Such rules shall continue in force and effect as rules of 
the State Department of Health from and after the effective date of 
this act, and any amendment, repeal, or addition to the transferred 
rules shall be under the jurisdiction of the State Commissioner of 
Health. 
SECTION 2.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 1-2213.1 of Title 63, unless 
there is created a duplication in numbering, r eads as follows: 
A.  Upon the effective date of this act , the Office of the State 
Long-Term Care Ombudsman within the Department of Human Services 
shall transfer to the State Department of Health .  The Office of the 
State Long-Term Care Ombudsman shall continue to exercis e its 
statutory powers and duties. 
B.  All equipment, supplies, records, matters pending, assets, 
future liabilities, fund balances, encumbr ances, obligations, 
indebtedness, and legal and contractual rights and responsibilities 
of the Office of the State Long-Term Care Ombudsman shall be 
transferred to the State Department of Health .   
 
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C.  Any monies accruing to or in the name of the Office of the 
State Long-Term Care Ombudsman on and after the effective date of 
this act, or any monies that accrue in any funds or accounts or are 
maintained for the benefit of the Office on and after the effective 
date of this act, shall be transferred to the State Department of 
Health. 
D. The Department of Human Services and the State Department of 
Health may enter into an agreement for the transfer of personnel .  
No employee shall be transferred to the State Department of Health 
except on the freely given written con sent of the employee.  Any 
employee who is transferred shall not be required to accept a lesser 
grade or salary than presently received.  All employees shall retain 
leave, sick, and annual time earned, and any retirement and 
longevity benefits which ha ve accrued during their tenure with the 
Department of Human Services.  The transfer of personnel bet ween the 
state agencies shall be coordinated with the Office of Management 
and Enterprise Services. 
E. The Director of the Office of Management and Enterprise 
Services shall coordinate the transfer of funds, all otments, 
purchase orders, and outstanding financial obligations o r 
encumbrances as provided for in this section. 
F.  Upon the effective date of this act , all administrative 
rules promulgated by the Director of Human Services for the Office 
of the State Long-Term Care Ombudsman shall be transferred t o and   
 
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become a part of the administrative rules of the State Department of 
Health.  The Office of Administrative Rules in the Office of the 
Secretary of State shall provide adequate notice in “The Oklahoma 
Register” of the transfer of such rules and shall place the 
transferred rules under the Oklahoma Administrative Code title of 
the State Department of Health.  Such rules shall continue in force 
and effect as rules of the State Department of Health from and after 
the effective date of this act, and any amendment, repeal, or 
addition to the transferred rules shall be under the jurisdiction of 
the State Commissioner of Health. 
SECTION 3.     AMENDATORY     10 O.S. 2021, Section 1430.27, is 
amended to read as follows: 
Section 1430.27. A.  Every group home shall be inspected at 
least annually by a duly appointed representative of the Department 
of Human Services pursuant to rules promulgated by the Commission 
for Human Services with the advice and counsel o f the Group Homes 
for Persons with Developmental or Physical Disabilities Advisory 
Board established by Section 1430.4 of this title Director of Human 
Services. 
B.  The Department shall at least annually and whenever it deems 
necessary inspect, survey, and evaluate each group home to determine 
compliance with applicable licensure and program requirements and 
standards.   
 
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C. Any inspection, investigation, survey, or evaluation may be 
conducted without prior notice to the home.  At least one inspection 
per group home shall be unannounced.  Any licensee or applicant for 
a license shall be de emed to have given consent to any duly 
authorized employee or agent of the De partment to enter and inspect 
the group home in accordance with the provision s of the Group Homes 
for Persons with Developmental or Physical Disabilities A ct.  
Refusal to permit such entry or inspection may constitute grounds 
for the denial, nonrenewal, suspension, or revocation of a license. 
D. The Department shall maintain a log, updated at least 
monthly and available for pu blic inspection, which shall at a 
minimum detail: 
1.  The name of the group home and date of inspection, 
investigation, survey, or e valuation; 
2.  Any deficiencies, lack of compliance, or violation noted at 
the inspection, invest igation, survey, or evaluation; 
3.  The date a notice of v iolation, license denial, nonrenewal, 
suspension, or revocation was issued or other enforcement action 
occurred; 
4.  Proposed dates for the resolution of deficiencies ; 
5.  The date corrections were completed, as verified by a n 
inspection; and 
6.  If the inspection or investigatio n was made pursuant to the 
receipt of a complaint, the date such complaint wa s received and the   
 
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date the group home was notified of the results of the ins pection or 
investigation. 
E. The Department shall require periodic reports an d shall have 
access to books, records , and other documents maintained by the 
group home to the extent necessary to implement the provisions of 
the Group Homes for Persons with Developmental or Physi cal 
Disabilities Act and the rules promulgated by the Commission for 
Human Services Director pursuant thereto. 
F.  Any state or local ombudsman representative of the Office of 
the State Long-Term Care Ombudsman within the State Department of 
Health or a representative of the Office of Cl ient Advocacy within 
the State Department of Health having proper identification is 
authorized to enter any group home licensed pursuant to the 
provisions of the Group Homes for Persons with Developmental or 
Physical Disabilities Act, communicate privately and without 
unreasonable restriction with any resident of a group home who 
consents to such communic ation, to seek consent to communicate 
privately and withou t restriction with any resident of a group home, 
and to observe all areas of a group home that di rectly pertain to 
the care of a resident of a group home. 
G. All state agencies receiving complaints on, or conducting 
surveys or inspections of , group homes shall forward complete copies 
of complaints or inspection or surv ey results to the Office of 
Client Advocacy of the Department of Human Services .   
 
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SECTION 4.    AMENDATORY     10A O.S. 2021, Section 1 -9-112, is 
amended to read as follows: 
Section 1-9-112. A.  1.  The Director of Human Services is 
authorized and directed to State Commissioner of Health shall 
establish the Office of Client Advocacy within the Department of 
Human Services State Department of Health and to shall employ 
personnel necessary to carry out the purposes of this section and 
the duties listed in provisions of this section.  Personnel may be 
dismissed only for cause. 
2.  The chief administrative officer head of the Office of 
Client Advocacy shall be the Advocate General , who shall be an 
attorney.  The Advocate General shall be a m ember of the Oklahoma 
Bar Association and shall have a minimum of t hree (3) years’ 
experience as an attorney.  The compensation of the Advocate General 
shall be no less than that o f the classification of Attorney III as 
established in the Merit System of Per sonnel Administration 
classification and compensation plan, but shall be an uncla ssified 
position. 
3. The duties and responsibilities of the Advocate General are 
to: 
a. supervise personnel assigne d to the Office of Client 
Advocacy, 
b. monitor and review grievance procedures and hearings,   
 
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c. establish and maintain a fai r, simple, and expeditious 
system for resolution of grievances of: 
(1) all children in the custody of the Departm ent of 
Human Services regarding: 
(a) the substance or application of any writt en 
or unwritten policy or rule of the 
Department or agent of the Department, or 
(b) any decision or action by an employee or 
agent of the Department, or of any child in 
the custody of the Departmen t, 
(2) foster parents relating to the provision of 
foster care services pursuant to this sec tion and 
Section 1-9-117 of this title, and 
(3) all persons receiving services from the 
Developmental Disabilities Services Division of 
the Department of Human Services, 
d. investigate allegations of abuse, neglect, sexual 
abuse, and sexual exploitation, as th ose terms are 
defined in the Oklahoma Childr en’s Code, by a person 
responsible for a child, regardless of custody: 
(1) residing outside their his or her own homes home 
other than children in foster care or children in 
the custody of the Office of Juvenile Affairs and   
 
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placed in an Office of Juvenile Affairs secure 
facility, 
(2) in a day treatment program as defined in Section 
175.20 of Title 10 of the Oklahoma Stat utes, and 
submit a report of the results of the 
investigation to the appropriate district 
attorney and to the State Department of Health, 
(3) receiving services from a community services 
worker as that term is defined in Section 1025.1 
of Title 56 of the Oklahoma Statutes, and 
(4) residing in a state institution listed in Section 
1406 of Title 10 of the Oklahom a Statutes, 
e. establish a system for investigating allegations of 
misconduct, by a person responsible for a child, not 
rising to the level of abuse, neglect, sexual abuse, 
or sexual exploitation with regard to any child or 
resident listed in subparagraph d of this paragraph, 
f. coordinate any hearings or meetings of Departmental 
departmental administrative review committees 
conducted as a result of u nresolved grievances or as a 
result of investigations, 
g. make recommendations to the State Commissioner of 
Health, who shall then make recommendations to the 
Director of Human Services, and provide regular or   
 
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special reports regarding grievance procedures, 
hearings and investigations to the Director , the 
Commission Commissioner, the Office of Juveni le System 
Oversight, and other appropriate persons as necessary, 
h. forward to the Office of Juvenil e System Oversight, 
for the information of the Director of t hat office, a 
copy of the final report of any grievance whi ch is not 
resolved in the favor of the complainant, 
i. perform such other duties as required by the Director 
of the Department or th e Commission State Commissioner 
of Health, and 
j. develop policies and procedures as necessary to 
implement the duties and r esponsibilities assigned to 
the Office of Client Advocacy. 
B.  The Office of Client Advocacy shall make a comp lete written 
report of their its investigations.  The investigation report, 
together with its recommendations, shall be submitted to the 
appropriate district attorney ’s office. 
C.  1.  Except as otherwise provide d by the Oklahoma Children ’s 
Code, the reports required by Section 1 -2-101 of this title or any 
other information acquired pursuant to the Oklahoma Children ’s Code 
shall be confidential and may be disclosed only as provided in 
Section 1-2-108 of this title and the Oklahoma Children’s Code.   
 
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2.  Except as otherwise provided by the O klahoma Children’s 
Code, any violation of the confident iality requirements of the 
Oklahoma Children’s Code shall, upon conviction, be a misdemeanor 
punishable by up to six (6) mont hs in jail, by a fine of Five 
Hundred Dollars ($500.00), or by both such fine and imprisonment. 
3.  Any records or information disclosed as provided by this 
subsection shall remain confident ial.  The use of any information 
shall be limited to the purpose for which disclosure is authorized.  
Rules promulgated by the Commission for Human Services State 
Commissioner of Health shall provide for disclosure of relevant 
information concerning Office of Client Advocacy investigations to 
persons or entities acting i n an official capacity with regard to 
the subject of the investigation. 
4.  Nothing in this section shall be co nstrued as prohibiting 
the Office of Client Advocacy or the Department of Human Services 
from disclosing such confidential information as may be necessar y to 
secure appropriate care, treatment, or protection of a child al leged 
to be abused or neglected. 
D.  1.  The Office of Client Advocacy shall investigate any 
complaint received by the Office of Juvenile System Oversight 
alleging that an employee of the Department of Human Services or a 
child-placing agency has threatened a foster parent with removal of 
a child from the foster parent, harassed a foster pare nt, or refused 
to place a child in a licensed or certified foster home, or   
 
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disrupted a child placeme nt as retaliation or discrimination towa rds 
a foster parent who has: 
a. filed a grievance pursuant to Section 1 -9-120 of this 
title, 
b. provided information to any stat e official or 
Department of Human Services employee, or 
c. testified, assisted, or otherwise parti cipated in an 
investigation, proceed ing, or hearing against the 
Department of Human Services or child-placing agency. 
2.  The provisions of this subsection shall not apply to any 
complaint by a foster parent r egarding the result of a criminal, 
administrative, or civil proceeding fo r a violation of any law, 
rule, or contract provision by that foster parent, or the action 
taken by the Department of Human Services or a child-placement 
agency in conformity with the result of any such proceeding. 
3.  The Office of Client Advocacy shall at all times be granted 
access to any foster home or any child -placing agency which is 
certified, authorized, or funded by the Department of Human 
Services. 
SECTION 5.    AMENDATORY     10A O.S. 2021, Section 1 -9-117, is 
amended to read as follows: 
Section 1-9-117. A.  1.  A foster parent may report to the 
Office of Client Advocacy of the Department of Human Services within 
the State Department of Health an allegation that an employee of the   
 
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Department of Human Services or of a child-placing agency has 
threatened the foster parent with removal of a chil d from the foster 
parent, harassed or refused to place a child in a licensed or 
certified foster home, or disrupted a child placement as retaliation 
or discrimination towards a foster parent who has: 
a. filed a grievance pursuant to Section 1 -9-120 of this 
title, 
b. provided information to any state official or 
Department of Human Services employee, or 
c. testified, assisted, or otherwise participated in an 
investigation, proceeding , or hearing against the 
Department of Human Services or child-placing agency. 
2.  The provisions of this subsection shall not apply to any 
complaint by a foster parent regarding the result of a criminal, 
administrative, or civil proc eeding for a violation of any law, 
rule, or contract provision by that foster parent, or the action 
taken by the Department of Human Services or a child-placing agency 
in conformity with the result of any such proceeding. 
3.  A reporter shall not be relieved of the duty to repor t 
incidents of alleged child abuse or neglect pursuant to the Oklahoma 
Children’s Code. 
4.  The Advocate General shall establish rules and procedures 
for evaluating reports of complaints pursu ant to paragraph 1 of this 
subsection and for conducting an investigation of such reports.   
 
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B.  1.  The Office of Client Advocacy shall prepare and maintain 
written records from the r eporting source that shall contain th e 
following information to the extent known at the time the report is 
made: 
a. the names and addresse s of the child and the person 
responsible for the child ’s welfare, 
b. the nature of the complaint, and 
c. the names of the persons or agencies responsible for 
the allegations contained in the complaint. 
2. Any investigation conducte d by the Office of Client Advocacy 
pursuant to such informatio n shall not duplicate and shall be 
separate from the inve stigation mandated by the Oklahoma Children ’s 
Code or other investigation of the Department of Human Services 
having notice and hearing requirements. 
3.  At the request of the reporter, the Office of Client 
Advocacy shall keep the ident ity of the reporter strictly 
confidential from the operation of the Department of Human Services, 
until the Advocate General State Commissioner of Health determines 
what recommendations shall be made to the Commission for Human 
Services and to the Director of the Department. 
C.  The Commission Commissioner and the Director shall ensure 
that a person making a report in good faith under this section is 
not adversely affected solely on the basis of having made such 
report.   
 
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D.  Any person who knowingly and will fully makes a false or 
frivolous report or complaint or a report that the perso n knows 
lacks factual foundation, pur suant to the provisions of this 
section, may be subject to loss of foster parent certification. 
SECTION 6.     AMENDATORY     Section 2, Chapter 123, O.S.L. 
2022 (43A O.S. Supp. 2023, Section 10 -115), is amended to read as 
follows: 
Section 10-115. A.  In coordination with the District Attorneys 
Council, each district attorne y may develop a multidisciplinary team 
for the investigation and prosecution of cr imes committed against 
the elderly or vulnerable adults in each county of the district 
attorney or in a contiguous group of c ounties. The lead agency for 
the team shall be chosen by the members of the team. The team shall 
intervene in reports involving sexual abuse, abuse, neglect, or 
exploitation of an elderly person or v ulnerable adult as defined in 
Section 10-103 of Title 43A of the Oklahoma Statutes. 
B.  The multidisciplinary elderly and vulnerable adult abuse 
team members shall include, but not be lim ited to: 
1.  Mental health professionals licensed pursuant to the law s of 
this state or licensed professional counselors; 
2.  Police officers or other law enforcement agents whose duties 
include, or who have experience or traini ng in, elder elderly and 
vulnerable adult abuse and neglect investigation;   
 
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3.  Medical personnel with exp erience in elder elderly and 
vulnerable adult abuse and neglect identif ication; 
4.  Adult Protective Services, Office of Client Advocacy, and 
long-term care workers within the Department of Human Services; 
5. Office of Client Advocacy workers within the State 
Department of Health; 
6.  Multidisciplinary elder elderly and vulnerable adult abuse 
team coordinators; and 
6. 7.  The district attorney or assistant district att orney. 
C.  1.  Subject to the availability of funds and res ources, the 
functions of the team shall include, but not b e limited to: 
a. whenever feasible, joint investigations by law 
enforcement and Adult Protective Services, Office of 
Client Advocacy, or long-term care staff to 
effectively respond to reports of abuse against 
elderly or vulnerable adult victims, 
b. the development of a written protocol for 
investigation of sexual abuse, abuse, neglect, or 
exploitation cases of elderly or vulnerable adults and 
for the interview of victims to ensure coordination 
and cooperation between all agencies involved.  Such 
protocol shall include confidentiality statements and 
interagency agreements si gned by member agencies that   
 
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specify the cooperative effort of the member agencies 
to the team, 
c. communication and collaborati on among the 
professionals responsible for the reporting, 
investigation, prosecution, and treatment of elderly 
and vulnerable adult abuse and neglect cases, 
d. elimination of duplicative efforts in t he 
investigation and the prosecut ion of abuse and neglect 
cases committed against elderl y or vulnerable adult 
victims, 
e. identification of gaps in service or untapped 
resources within the community to improve the delivery 
of services to the victim and family, 
f. development of expertise through training. Each team 
member and those conduct ing investigations and 
interviews of elder elderly or vulnerable adult abuse 
victims shall be trained in th e multidisciplinary team 
approach, conduction of legally sound developmentally 
and age-appropriate interviews, effective 
investigation techniques and joint i nvestigations as 
provided through the State Department of Health, the 
District Attorneys Council, t he Department of Human 
Services, or other resources,   
 
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g. formalization of a case review process and provi sion 
of data as requested, and 
h. standardization of investigative procedures for the 
handling of elderly and vulnerable adult abuse and 
neglect cases. 
2.  Any investigation or interview related to sexual abuse, 
abuse, or neglect of elderly or vulnerable a dults shall be conducted 
by appropriate personnel using the prot ocols and procedures 
specified in this section. 
3.  If trained personnel are not availab le in a timely manner 
and if a law enforcement officer or the Department of Human Services 
determines that there is reasonable cause to believe a delay in 
investigation or interview of a victim could place the victim’s 
health or welfare in danger of harm or threatened harm, the 
investigation may proceed without full p articipation of all 
personnel, but only for as long as the danger to the victim exists.  
The Department shall make a reasonable effort to find and provide a 
trained investigator or interviewe r. 
D.  A multidisciplinary elder elderly or vulnerable adult abuse 
team shall have full access to any service or treatment plan and any 
personal data known to the Department of Human Services that is 
directly related to the implementation of the requirements of this 
section.   
 
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E.  Each member of the team shall protect the confidentiality of 
the elderly or vulnerable adult and any information made available 
to the team member.  The multidisciplinary team and a ny information 
received by the team shall be exempt from the Oklahoma Open Meeting 
Act and the Oklahoma Open Re cords Act. 
SECTION 7.     AMENDATORY     63 O.S. 2021, Section 1-829, is 
amended to read as follows: 
Section 1-829. A.  Every residential care home for which a 
license has been issued shall be inspected by a duly appointed 
representative of the State Department of Health pursuant to rules 
promulgated by the State Board Commissioner of Health with the 
advice and counsel of the Long -Term Care Facility Advisory Board. 
Inspection reports shall be prepared on forms prescribed by the 
Department with the advice and counsel of the Advisory Board. 
B.  1.  The Department shall at least one time a year and 
whenever it deems necessa ry inspect, survey, and e valuate each home 
to determine compliance with applicable licensure rules. 
2.  An inspection, invest igation, survey, or evaluation shall be 
either announced or unannounced.  The State Board of Health 
Commissioner shall promulgate rules determining the criteria when an 
inspection, investigation, survey , or evaluation shall be 
unannounced or may be announced by the Department.  Any licensee, 
applicant for a license, or operator of any unlicensed faci lity 
shall be deemed to have given consent to any duly autho rized   
 
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employee, or agent of the Department to enter and inspect the home 
in accordance with the prov isions of the Residential Care Act.  
Refusal to permit such entry or inspection shall constitute grounds 
for the denial, nonrenewal, suspension, or revocation of a license 
as well as emergency transfer of all residents. 
3.  Any employee of the Department who discloses to any 
unauthorized person, prior to an inspection, information regarding 
an unannounced residential care home inspection that is required 
pursuant to the provisions of the Residential Care Act shall, upon 
conviction thereof, be guilty of a mi sdemeanor.  In addition, such 
action shall be construed to be a misuse of office and punishable as 
a violation of rules promulgated by the Ethics Commission. 
One person may be invited from a statewide organization of older 
adults or persons with disabilities by the Department to act as a 
citizen observer in any inspection. 
C.  The Department shall ma intain a log, updated at le ast 
monthly and available for pub lic inspection, which shall at a 
minimum detail: 
1.  The name of the home and date of inspection, in vestigation, 
survey, or evaluation; 
2.  Any deficiencies, l ack of compliance, or violation noted at 
the inspection, investigation, survey, or evaluation;   
 
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3.  The date a notice o f violation, license denial, nonrenewal, 
suspension, or revocation was issued or other enforcement action 
occurred; 
4.  The date a plan of correction was submitted and the dat e the 
plan was approved; 
5. The date corrections were compl eted, as verified by an 
inspection; and 
6.  If the inspection or investigation was made pursuant to the 
receipt of a complaint, the date such complaint was rec eived and the 
date the complainant was notified of the resu lts of the inspection 
or investigation. 
D.  The Department may require the residential care home to 
submit periodic reports.  The Department shall have access to books, 
records, and other documents maintained by the home to the extent 
necessary to implement the provisions of the Residential Care Act 
and the rules promulgated by the Board Commissioner pursuant 
thereto. 
E.  The Department shal l make at least one annual report on each 
home in the state.  The report shall include all conditions and 
practices not in compliance with the provisions of the Residential 
Care Act or rules promulgated pursuant thereto within the last year 
and, if a violation is corrected, or is subject to an approved plan 
of correction.  The Department shall send a copy of the report to 
any person upon receiving a written request.  The Department may   
 
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charge a reasonable fee to cov er the cost of copying and mailing the 
report. 
F.  A state or local ombudsman as that term is defined by the 
Special Unit on Aging within the Department of Human Services 
pursuant to the Older Americans ’ Act, 42 U.S.C.A., Section 3001 et 
seq., as amended, representative of the Office of the State Long-
Term Care Ombudsman or case manager employed by the Department of 
Mental Health and Substan ce Abuse Services or one of its contract 
agencies is authorized to accompany and shall be notified by the 
Department of any inspection conducted of any home lic ensed pursuant 
to the provisions of the Residential Care Ac t.  Any state or local 
ombudsman The State Long-Term Care Ombudsman or a representative of 
the Office is authorized to enter any home licensed pursuant to the 
provisions of the Residential Care Act, communicate privately and 
without unreasonable restriction with any resident of a home who 
consents to such communication, to seek consent to communicate 
privately and without restriction with any resident of a home, and 
to observe all areas of a home th at directly pertain to the care of 
a resident of a home. 
G. Following any inspection by the Department, pu rsuant to the 
provisions of this section, all reports relating to the inspection 
shall be filed in the county office of the Department of Human 
Services in which the home is located and wi th the Department of 
Mental Health and Substance Abuse Se rvices.   
 
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SECTION 8.     AMENDATORY     63 O .S. 2021, Section 1-1902, is 
amended to read as follows: 
Section 1-1902. As used in the Nursing Hom e Care Act: 
1.  “Abuse” means the willful infliction of inj ury, unreasonable 
confinement, intimidation , or punishment, with resulting physical 
harm, impairment, or mental anguish; 
2.  “Access” means the right of a person to enter a facility to 
communicate privately and without unreasonable restriction when 
invited to do so by a resident.  The state or local “ombudsman”, as 
that term is defined by the Aging Se rvices Division of the 
Department of Human Servic es pursuant to the Older Am ericans’ Act, 
42 U.S.C.A., Section 3001 et seq., as amended, A representative of 
the Office of the State Long-Term Care Ombudsman and a case manager 
employed by the Department of Menta l Health and Substance Abuse 
Services or one of its contract agencies shall have right of access 
to enter a facility, communicate privately and without unr easonable 
restriction with any reside nt who consents to the communication, to 
seek consent to communicate privately and without restriction with 
any resident, and to observe all areas of the facili ty that directly 
pertain to the patient care of the residen t without infringing upon 
the privacy of the other residents without first obtaining their 
consent; 
3.  “Administrator” means the person licensed by the State of 
Oklahoma who is in charge of a facility.  An administrator must   
 
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devote at least one-third (1/3) of such person’s working time to on -
the-job supervision of the facility; provided , that this requirement 
shall not apply to an administrator of an intermediate care facilit y 
for individuals with intellectual disabilities with sixteen or fewer 
beds (ICF/IID-16), in which case the person licensed by th e state 
may be in charge of more than one such ICF/IID -16 facility, if such 
facilities are located within a circle that has a radius of not more 
than fifteen (15) miles, the total number of facilities and beds 
does not exceed six facilities and sixty-four beds, and each such 
ICF/IID-16 facility is supervised by a qualified professional.  The 
facilities may be free -standing in a community or may be on ca mpus 
with a parent institution.  The ICF/IID -16 facility may be 
independently owned and operated or may be part of a larger 
institutional operation; 
4.  “Advisory Board” means the Long-Term Care Facility Advisory 
Board; 
5.  “Adult companion home” means any home or establishment, 
funded and certified by the Departm ent of Human Services, which 
provides homelike residential accommodations and suppor tive 
assistance to three or fewer adults with intellectual or 
developmental disabilities; 
6.  “Board” means the State Board of Health; 
7.  “Commissioner” means the State Commissioner of Health; 
8.  “Department” means the State Department of Health;   
 
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9.  “Facility” means a nursing facility and a specialized home; 
provided, this term shall not include a residential care home or an 
adult companion home; 
10.  “Nursing facility” means a home, an establishment , or an 
institution, a distinct part of which is primar ily engaged in 
providing: 
a. skilled nursing care and related services for 
residents who require med ical or nursing care, 
b. rehabilitation services for the rehabilitation of 
injured, disabled, or sick persons, or 
c. on a regular basis, health-related care and services 
to individuals who because of their mental or physical 
condition require care and services beyond the level 
of care provided by a residential care home and w hich 
can be made available to t hem only through a nursing 
facility. 
“Nursing facility” Nursing facility does not mean, for purposes of 
Section 1-851.1 of this title, a facility constructed or operat ed by 
an entity described in paragraph 7 of su bsection B of Section 6201 
of Title 74 of the Oklahoma Statutes or the nursing care com ponent 
of a continuum of care facility, as such term is defined under the 
Continuum of Care and Assisted Living Act, to the extent that the 
facility constructed or operated by an ent ity described in paragraph   
 
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7 of subsection B of Section 6201 of Title 74 of the Oklahoma 
Statutes contains such a nursing care component; 
11.  “Specialized facility ” means any home, establishment, or 
institution which offers or provides inpati ent long-term care 
services on a twenty -four-hour basis to a limited category of 
persons requiring such services, including but not limited to a 
facility providing health or habilitation services for individuals 
with intellectual or developmental disabilities, but does not mean, 
for purposes of Section 1 -851.1 of this title, a facility 
constructed or operated by a n entity described in paragraph 7 of 
subsection B of Section 6201 of Title 74 of the Oklahoma Statut es or 
the nursing care component of a continuu m of care facility, as such 
term is defined under the Continuum of Care and Assisted Li ving Act, 
to the extent that the facility constructed or operated by an entity 
described in paragraph 7 of subsection B of Section 6201 of Title 74 
of the Oklahoma Statutes contains such a nursing care component; 
12.  “Residential care home” means any home, establishment, or 
institution licensed pursuant to the provisions of the Residential 
Care Act other than a hotel, motel, fraternity or sorority house, or 
college or university dormitory, which offers or provides 
residential accommodations, food service, and supportive assistance 
to any of its residents or houses any resident requiring supportive 
assistance.  The residents shall be persons who are ambulatory and 
essentially capable o f managing their own affairs, but who do not   
 
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routinely require nursing care; provided, the term “residential care 
home” residential care home shall not mean a hotel, motel, 
fraternity or sorority h ouse, or college or univer sity dormitory, if 
the facility operates in a manner customary to its description and 
does not house any person who requires supp ortive assistance from 
the facility in order to meet an adequate level of daily living; 
13.  “Licensee” means the person, a corporation, partnership, or 
association who is the owner of the facility which is licensed by 
the Department pursuant to the provisi ons of the Nursing Home Care 
Act; 
14.  “Maintenance” means meals, shelter, and laundry services; 
15. “Neglect” means failure to provide goods and/or services 
necessary to avoid physical harm, mental anguish, or mental illness; 
16.  “Owner” means a person, corporation, partnership, 
association, or other entity which owns a facility or leases a 
facility.  The person or entity that stands to profit or lose as a 
result of the financial success or fail ure of the operation shall be 
presumed to be the owner of th e facility.  Notwithstanding the 
foregoing, any nonstate governmental entity that has acquired and 
owns or leases a facility a nd that has entered into an agree ment 
with the Oklahoma Health Care Authority to participate in the 
nursing facility supplemental payment program (“UPL Owner”) shall be 
deemed the owner of such facility and shall be authorized to obtain 
management services from a management services provi der (“UPL   
 
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Manager”), and to delegate, allocate, and assign as between the UPL 
Owner and UPL Manager, compensation, profits, losses, liabilities, 
decision-making authority, and responsibilities, inc luding 
responsibility for th e employment, direction, superv ision, and 
control of the facility ’s administrator and staff; 
17.  “Personal care” means assistance with meals, dressing, 
movement, bathing or other personal needs or maintenance, or general 
supervision of the physical and mental well -being of a person, wh o 
is incapable of maintaining a priva te, independent residence, or who 
is incapable of managing h is or her person, whether or not a 
guardian has been appointed for such person; 
18.  “Resident” means a person residing in a facility du e to 
illness, physical or mental infirmity, or advanced age; 
19.  “Representative of a resident ” means a court-appointed 
guardian or, if there is no court -appointed guardian, the parent of 
a minor, a relative, or other person, designated in writing by the 
resident; provided, tha t any owner, operator, administrator , or 
employee of a facility subject to the provisions of the Nursing Home 
Care Act, the Residential Care Act, or the Group Homes for the 
Developmentally Disabled or Physically Handicapped Persons with 
Developmental or Physical Disabilities Act shall not be appointed 
guardian or limited guardian of a resident of the facility unless 
the owner, operator, administrator , or employee is the spouse of the   
 
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resident, or a relative of the resident within the second degree of 
consanguinity and is otherwise eligible for appointment; and 
20.  “Supportive assistance ” means the service rendered to any 
person which is less than the service provided by a nursing facility 
but which is sufficient to enable the person to meet an adequate 
level of daily living.  Sup portive assistance includes but is not 
limited to housekeeping, assistance in the preparation of meals, 
assistance in the saf e storage, distribution, and administration of 
medications, and assistance in personal care as is necessary for the 
health and comfort of such pe rson.  Supportive assistance shall not 
include medical service. 
SECTION 9.     AMENDATORY     63 O.S. 2021, Section 1 -1911, is 
amended to read as follows: 
Section 1-1911. A.  1.  Every building, insti tution, or 
establishment for which a license has been issued, including any 
facility operated by the Oklahoma Department of Veterans Affairs, 
shall be periodically inspected by a duly appointed representative 
of the State Department of Health, pursuant to rules promulgated by 
the State Board Commissioner of Health with the advice and counsel 
of the Long-Term Care Facility Advisory Board, created in Section 1 -
1923 of this title. 
2.  Inspection report s shall be prepared on forms prescribed by 
the Commissioner with the advice and counsel of the Advisory Board.   
 
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B.  1.  The Department, whenever it deems necessary, shall 
inspect, survey, and evaluate every f acility, including any facility 
operated by the Oklahoma Department of Veterans Affairs, to 
determine compliance with applicable licensure and ce rtification 
requirements and standards.  All inspections of facilities shall be 
unannounced.  The Department may have as many unannoun ced 
inspections as it deem s necessary. 
2.  The Department shall conduct at least one unannounced 
inspection per calendar year of all nursing facilities operated by 
the Oklahoma Department of Veterans Affairs. 
3.  Any employee of the State Department of Health who discloses 
to any unauthorized person, prior to an inspection, information 
regarding an unannounced nursing home in spection required pursuant 
to the provisions of this section shall, upon conviction thereof, be 
guilty of a misdemeanor.  In addition, such action shall be 
construed to be a misuse of office and punishable as a violatio n of 
rules promulgated by the Ethics Commission. 
4. a. The Department may periodically visit a facility for 
the purpose of consultation and may noti fy the 
facility in advance of such a visit.  An inspection, 
survey, or evaluation, other than an inspection of 
financial records or a consultatio n visit, shall be 
conducted without prior notice to the faci lity.   
 
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b. One person shall be invited by the Department from a 
statewide organization of the elderly to act as a 
citizen observer in unannounced inspections.  T he 
individual may be a state or local ombudsman as 
defined by the Aging Services Division of the 
Department of Human Services, acting pursuant to th e 
provisions of the Older Americans Act of 1965, Public 
Law No. 89-73, 42 U.S.C.A., Section 3001 et seq., as 
amended a representative of a statewide organization 
of the elderly or a representative of the Office of 
the State Long-Term Care Ombudsman. 
c. The citizen observer shall be r eimbursed for expense s 
in accordance with the provisions of the State Travel 
Reimbursement Act. 
d. An employee of a state or un it of a local government 
agency, charged with inspecting, surveying, and 
evaluating facilities, who a ids, abets, assists, 
conceals, or conspires with a facility administrator 
or employee in violation of the pr ovisions of the 
Nursing Home Care Act shall be guilty, upon conviction 
thereof, of a misdemeanor and shall be subject to 
dismissal from employment. 
C.  The Department shall hol d open meetings, as p art of its 
routine licensure survey, in each of the license d facilities to   
 
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advise and to facilitate commun ication and cooperation between 
facility personnel and the residents of facilities in their mutual 
efforts to improve patient care.  Administrators, employees of the 
facility, residents, residents ’ relatives, friends, residents’ 
representatives, and employees from appropriate state and federal 
agencies shall be encouraged to attend these meetings to contribute 
to this process. 
D.  1.  The Department sha ll require periodic reports and shall 
have access to books, records, and other documents maintained by the 
facility to the extent necessary to implement the provisions of the 
Nursing Home Care Act and the ru les promulgated pursuant thereto. 
2.  Any holder of a license or applicant for a license shall be 
deemed to have given consent to any authorized officer, employee, or 
agent of the Department to enter and i nspect the facility in 
accordance with the provisions of the Nursing Home Care Act.  
Refusal to permit said such entry or inspection, except for good 
cause, shall constitute grounds for remedial action or 
administrative penalty or both such action and penalty as provided 
in the Nursing Home Care Act. 
E.  The Department shall maintain a file on each facility in the 
state.  All conditions and practices not in comp liance with 
applicable standards shall be specifically stated.  If a violation 
is corrected or is subject to an approved plan of correction, such 
action shall be contained in the fi le.  Upon receiving a written   
 
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request for a copy of the file documents, the Department shall send 
a copy of the document to any person making the written request.  
The Department may charge a reasonable fee for copying costs. 
SECTION 10.     AMENDATORY     63 O.S. 2021, Section 1 -1941, is 
amended to read as follo ws: 
Section 1-1941. All state agencies receiving complaints on, or 
conducting surveys or inspect ions of, nursing home facilities shall 
forward complete copies of complaints or of inspection or sur vey 
results to the Ombudsman Program of the Special Unit on Aging Office 
of the State Long-Term Care Ombudsman. 
SECTION 11.     AMENDATORY     63 O.S. 2021, Section 1 -1945, is 
amended to read as follows: 
Section 1-1945. For purposes of the Long -term Care Security 
Act: 
1.  “Long-term care facility” means: 
a. a nursing facility, or specialized facility, or 
residential care home as defined by Section 1 -1902 of 
this title, 
b. an adult day care center as defined by Section 1 -872 
of this title, 
c. skilled nursing care provided in a distinct part of a 
hospital as defined by Section 1 -701 of this title, 
d. an assisted living center as defined by Section 1 -
890.2 of this title,   
 
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e. the nursing care component o f a continuum of care 
facility as defined under the Continuum of Care and 
Assisted Living Act, 
f. the nursing care component of a life car e community as 
defined by the Long-term Care Insurance Act, or 
g. a residential care home as defined by Section 1 -820 of 
this title; 
2.  “Ombudsman” means the individual employed by the Department 
of Human Services State Department of Health as the State Long-Term 
Care Ombudsman; 
3.  “Nurse aide” means any person who provides, for 
compensation, nursing care or health -related services to residents 
in a nursing facility, a specialized facility, a residential care 
home, continuum of care facility, assisted liv ing center, or an 
adult day care center and who is not a licensed hea lth professional.  
Such term also means any person who provides such services to 
individuals in their own homes as an employee or contract provider 
of a home health or home care agency, or as a contract provider of 
the Oklahoma State Plan Personal Care Program of the state Medicaid 
program; 
4.  “Employer” means any of the following facilities, homes, 
agencies, or programs which are subject to the provis ions of Section 
1-1947 of this title:   
 
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a. a nursing facility or specialized facility as such 
terms are defined in the Nursing Home Care Act, 
b. a residential care home as such term is defined by the 
Residential Care Act, 
c. an adult day care center as such term is defined in 
the Adult Day Care Act, 
d. an assisted living center as such term is defined by 
the Continuum of Care and Assisted Living Act, 
e. a continuum of care facility as such term is defined 
by the Continuum of Care and Assisted Living Act, 
f. a home health or home care agency, 
g. the Department of Human Services, in its capacity as 
an operator of any hospital or hea lth care institution 
or as a contractor with providers under the Oklahoma 
State Plan Personal Care Program of the state Medicaid 
program, 
h. a hospice agency as such term is defined in the 
Oklahoma Hospice Licensing Act, 
i. a Medicaid home- and community-based services waivered 
provider as defined in Section 1915(c) or 1915(i) o f 
the Federal federal Social Security Act, 
j. a staffing agency with a contracted relationship to 
provide staff with direct patient access to service   
 
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recipients of one or more of the other employers 
listed in this paragraph, and 
k. an independent contractor where the independent 
contractor has a contracted relationship to provide 
staff or services with direct patient access to 
service recipients for one or more of the employ ers 
listed in this paragraph; 
5.  “Home health or home care agency ” means any person, 
partnership, association, corporation , or other organization which 
administers, offers, or provides health care services or supportive 
assistance for compensation to three or more ill, disabled, or 
infirm persons in the temporary or permanent residence of such 
persons, and includes any subunit s or branch offices of a parent 
home health or home care agency; 
6.  “Bureau” means the Oklahoma State Bureau of Investigation; 
7.  “FBI” means the Federal Bureau of Investigation; 
8.  “Applicant” means an individual who applies for employment 
with an employer, applies to w ork as an independen t contractor to an 
employer, applies to provide services to service recipients through 
the granting of clinical privileges by an employer, or applies to a 
nurse aide scholarship program; 
9.  “Direct patient access ” means access to a service recipient 
of an employer, through employment, independent contract, or the 
granting of clinical privileges, in which the performance of duties   
 
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involves, or may involve one -on-one contact with a service recipient 
of the employer on an ongoing basis.  T he term shall includ e access 
to a service recipient’s property, medical information , or financial 
information.  The term doe s not include a volunteer unless the 
volunteer has duties that are equivalent to the duties of a direct 
patient access employee and those duties involve one -on-one contact 
with a service recipient of an employer, without line -of-sight 
supervision by employer staff; 
10.  “Independent contract ” means a contract entered into by an 
employer with an individual who provides the contracted se rvices 
independently or a contract entered into by an employer with an 
organization or agency that employs or contracts with an individual 
after complying with the requirements of this section to provide the 
contracted services to the emp loyer on behalf of the organization or 
agency; 
11.  “Medicare” means benefits under the Federal Medicare 
Program established under Titl e XVIII of the Social Security Act, 
Title 42 of the United State s Code, Sections 1395 to 1395hhh; 
12.  “Registry screening” means a review of those registries 
identified in subsection D of Section 1-1947 of this title; 
13.  “Department” means the State Department of Health; 
14.  “Nurse aide scholarship program ” means a nurse aide 
training program operated under contract with the Oklahoma Health 
Care Authority for the purpose of providing free training to   
 
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prospective nurse aides in exchange for employment in a SoonerCare 
contracted facility; and 
15.  “Service recipient” means a patient, resident, participant, 
consumer, client, or member receivi ng services from an e mployer. 
SECTION 12.     AMENDATORY     63 O.S . 2021, Section 330.58, as 
amended by Section 6, Chapter 271, O.S.L. 2023, and as renumbered by 
Section 14, Chapter 271, O.S.L. 2023 (63 O.S. Supp. 2023, Section 1-
1949.4), is amended to read as follows: 
Section 1-1949.4. The State Department of Health or, as 
appropriate, the State Commissioner of Health shall: 
1.  Develop and apply standards for app roval of training and 
education programs for long-term care administrators that meet the 
accreditation standards of the National Association of Long Term 
Care Administrator Boards and approve or offer training and 
education programs, or both, as described in subsec tion F of Section 
330.53 Section 1-1949.3 of this title; 
2. Develop, impose, and enforce standards which must be m et by 
individuals in order to receive a license or certification as a 
long-term care administrator, which standards shall be designed to 
ensure that long-term care administrators will be individuals who 
are of good character and are otherwise s uitable, and who, by 
training or experience in the field of inst itutional administratio n, 
are qualified to serve as long-term care administrators;   
 
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3. Develop and apply appropriate techniques, in cluding 
examinations and investigations, for determining whether an 
individual meets such standards; 
4. Issue licenses or certifications to in dividuals determined, 
after the application of such techniques, to meet such standards .  
The Department may deny an initial application, deny a renewal 
application, and revok e or suspend licenses or certifications 
previously issued by th e Department in any case where the individual 
holding any such license or certification is determined 
substantially to have failed to conform to the requirements of such 
standards.  The Department may also warn, censure, impose 
administrative fines , or use other remedies that may be considered 
to be less than revocation and suspension .  Administrative fines 
imposed pursuant to this section shall not exceed O ne Thousand 
Dollars ($1,000.00) per vi olation.  The Department shall consider 
the scope, severity, and repetition of the violation and any 
additional factors deemed appropriate by th e Department when issuing 
a fine.  The Department may utilize one or more administrative law 
judges to conduct administrative proceedings; 
5. Establish and carry out procedures designed to ensure that 
individuals licensed or certified as long-term care administrators 
will, during any period that they serve as such, comply with t he 
requirements of such standards;   
 
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6. Receive, investigate, and take appropriate act ion with 
respect to any charge or complaint filed with the Department to the 
effect that any individual l icensed as a long-term care 
administrator has failed to comply with the requirements of such 
standards.  The long-term care ombudsman program of the Aging 
Services Division of the Department of Human Services Office of the 
State Long-Term Care Ombudsman shall be notified of all complaint 
investigations of the Department so that they may be present at any 
such complaint investigation for the purpose of representing l ong-
term care facility consumers; 
7. Receive and take appropriate action on any complaint or 
referral received by th e Department from the Department of Human 
Services or any other regulatory agency .  A complaint shall not be 
published on the website of the Department unless there is a finding 
by the Department that the complaint has merit.  The Commissioner 
shall promulgate rules that include, but are not limited to, 
provisions for: 
a. establishing a complaint review process, 
b. creating a formal complaint file, 
c. establishing a protocol for investigation of 
complaints, and 
d. establishing an independent informal dispute 
resolution process in accordance with Section 9 1-
1949.7 of this act title;   
 
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8. Enforce the provisions of this act the Long-Term Care 
Administrator Licensing Act against all persons who are in violation 
thereof including, but not limited to, individuals who are 
practicing or attempting to practice as long-term care 
administrators without proper authorization from th e Department; 
9. Conduct a continuing study and investigation of long-term 
care facilities and administrators of long -term care facilities 
within the state with a view toward the improvement of the standards 
imposed for the licensing or certifying of such ad ministrators and 
of procedures and methods for the enforcement of such standards with 
respect to administrators of long -term care facilities who have been 
licensed or certified; 
10. Cooperate with and provide assistan ce when necessary to 
state regulatory agencies in investigations of c omplaints; 
11. Develop a code of ethics for long -term care administrators 
which includes, but is not limit ed to, a statement that 
administrators have a fiduciary duty to the facility and cannot 
serve as guardian of th e person or of the estate, or hold a d urable 
power of attorney or power of attorney for any resident of a 
facility of which they are an administr ator; 
12. Report a final adverse action against a long-term care 
administrator to the Healthcare Integrity and Protection Data Bank 
pursuant to federal regulatory requirements;   
 
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13. Refer completed investigat ions to the proper law 
enforcement authorities for prosecution of criminal activities; 
14. Impose administrative fines, in an amount to be determ ined 
by the Commissioner, against persons who do not comply with the 
provisions of this act the Long-Term Care Administrat or Licensing 
Act or the rules adopted by th e Commissioner. Administrative fines 
imposed pursuant to this section s hall not exceed One Thousand 
Dollars ($1,000.00) per v iolation.  The Department shall consider 
the scope, severity, and repetition of the violation and any 
additional factors de emed appropriate by the Department when issuing 
a fine; 
15. Assess the costs of the hearing process, including attorn ey 
fees; 
16. Grant short-term provisional licen ses to individuals who do 
not meet all of the licensing requirements, provided the individual 
obtains the services of a currently licensed administrator to act as 
a consultant and meets any additional cri teria for a provisional 
license established by th e Commissioner; 
17. Promulgate rules governing the employment of assistant 
administrators including, but not limited to, minimum 
qualifications; and 
18. Employ such staff as may be necessary to carry out the 
duties of this act the Long-Term Care Administrat or Licensing Act.   
 
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SECTION 13.     AMENDATORY     63 O.S. 2021, Section 1 -1950.4, 
is amended to read as follows: 
Section 1-1950.4. A.  1.  The State Dep artment of Health, in 
conjunction with the Office of the State Long -term Care Ombudsman of 
the Department of Human Services, shall develop a uniform employment 
application to be used in the hiring of n urse aide staff by a 
nursing facility or a specialized facility as such terms are defined 
in the Nursing Home Care Act, a residential care home, as such term 
is defined by the Residential Care Act, an assisted living center as 
such term is defined by the Continuum of Car e and Assisted Living 
Act, a continuum of care facility as defined by the Continuum of 
Care and Assisted Living Act, a hospice inpatient facility or 
program providing hospice services as such terms are defined by the 
Oklahoma Hospice Licensing Act, an adult day care center as such 
term is defined by the Adult Day Care Act, and a home care agency as 
defined by the Home Care Act.  Such uniform application shall be 
used as the only application for employment of nurse aides in such 
facilities on and after January 1, 2001. 
2.  Nothing in this section shall prohibit the State Department 
of Health or any other state agency from requiring applicants for 
any position in the classified service to be certified by the state 
using the State of Oklahoma Employment Application employment 
application.   
 
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B.  The uniform employment application shall be designed to 
gather all pertinent information for entry into the nurse aide 
registry maintained by the State Department of Health.  The uniform 
application shall also co ntain: 
1.  A signature from the applicant t o confirm or deny any 
previous felony conviction; 
2.  A release statement for the applicant to sign giving the 
State Department of Health and the Oklahoma State Bureau of 
Investigation the authority to proceed with the state or national 
criminal history record checks; and 
3.  Such other information deemed necessary by the Department. 
C.  The Department shall provide implementation training on the 
use of the uniform employment application. 
SECTION 14.     AMENDATORY     63 O.S. 2021, Section 1 -2212, is 
amended to read as follows: 
Section 1-2212. As used in the Long-Term Care Ombudsman Act: 
1.  “Office” means the Office of the State Long -Term Care 
Ombudsman.  For purposes of the Long -Term Care Ombudsman Act, any 
area or local ombudsman entity designated by the State Long -Term 
Care Ombudsman shall be deemed to be a subdivision of this Office; 
2.  “State Long-Term Care Ombudsman” means the individual 
employed by the Department of Human Services State Department of 
Health to be the chief administrative o fficer head of the Office;   
 
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3.  “Department” means the Department of Human Services State 
Department of Health; 
4.  “Representative” means the State Long -Term Care Ombudsman, 
and any state, area, or local long-term care ombudsman designated by 
the State Long-Term Care Ombudsman, whether paid or unpaid; and 
5.  “Resident” means any person residing in a long -term care 
facility. 
SECTION 15.     AMENDATORY     63 O.S. 2021, Section 1 -2213, is 
amended to read as follows: 
Section 1-2213. A.  There is hereby created within the 
Department of Human Services State Department of Health the Office 
of the State Long-Term Care Ombudsman.  The Office, under the 
auspices and general direction of the State Long-Term Care 
Ombudsman, shall carry ou t a long-term care ombudsman program in 
accordance with the Older Americans Act of 1965, as amended, and in 
accordance with federal regulations issued pursuant to the Older 
Americans Act or as provided by the Long -Term Care Ombudsman Act. 
B.  The State Long-Term Care Ombudsman shall, personally or 
through representatives of the Office: 
1.  Identify, investigate, and resolve complaints that: 
a. are made by, or on behalf of, residents, and 
b. relate to action, inaction, or decisions, of: 
(1) providers, or representatives of providers, of 
long-term care services,   
 
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(2) public agencies, or 
(3) health and social service agencies, 
that may adversely affect the health, safety, welfare , or rights of 
the residents; 
2.  Provide services to assi st the residents in protecting their 
health, safety, welfare, and rights; 
3.  Inform residents about means of obtaining servi ces offered 
by providers or agencies; 
4.  Ensure that the residents have regular and timely access to 
the services provided through the Office; 
5.  Ensure that the residents and complainant receive timely 
responses from the Office and representatives of the Office 
regarding complaints; 
6.  Represent the interests of residents before governmental 
agencies and seek administrative, legal , and other remedies to 
protect the health, safety, welfare, and rights of the residents; 
7.  Provide administrative and tech nical assistance to area or 
local ombudsman entities to assist the entities in participating in 
the State Long-Term Care Ombudsman Program; 
8. a. analyze, comment on, and monitor the development and 
implementation of federal, state , and local laws, 
rules, and other government policies and actions that 
pertain to the health, safety, welfare , and rights of   
 
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the residents, with respect to the adequacy of long-
term care facilities and services in this state, 
b. recommend any changes in such laws, rules, policies , 
and actions as the Office determines to be 
appropriate, and 
c. facilitate public comment on the laws, rules, 
policies, and actions; 
9. a. provide for training representatives of the Office, 
b. promote the development of citizen or ganizations, to 
participate in the State Long -Term Care Ombudsman 
Program, and 
c. provide technical support for the development of 
resident and family counc ils to protect the well-being 
and rights of residents; and 
10.  Carry out such other activities as the Commission for Human 
Services State Commissioner of Health determines to be appropriate. 
C.  1.  In carrying out the duties of the Offi ce, the State 
Long-Term Care Ombudsman may designate an entity as an area or local 
Ombudsman entity, and may designate an employee or volunteer to 
represent the entity. 
2.  An individual so designated shall, in accordance with the 
policies and procedures established by the Office and Commission for 
Human Services the Commissioner, carry out such duties and 
activities as required by the State Lon g-Term Care Ombudsman   
 
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pursuant to the authority granted by the Long -Term Care Ombudsman 
Act and rules promulgated by the Commission Commissioner thereto. 
3.  Entities eligible to be designated as area or local 
Ombudsman entities, an d individuals eligible to be designated as 
representatives of such entities, shall: 
a. have demonstrated capability to carry out the 
responsibilities of the Office, 
b. be free of conflicts of interest, 
c. in the case of the entities, be public or nonprofit 
private entities, and 
d. meet such additional requirements as the Ombudsman may 
specify. 
D.  1.  In accordance with the Older Americans A ct of 1965, as 
amended, and in accordance with federal regulations issued pursuant 
thereto, or as otherwise provided b y the Long-Term Care Ombudsman 
Act, the State Long-Term Care Ombudsman and representatives of the 
Office shall have: 
a. access to long-term care facilities and residents, 
b. (1) access to review the medical and social record s 
of a resident, if: 
(a) the representative of the Offic e has the 
permission of the resident, or the legal 
representative of the resident, or   
 
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(b) the resident is unable t o consent to the 
review and has no legal representative and 
the representative of the Office obtains the 
approval of the State Long-Term Care 
Ombudsman, or 
(2) access to the records as is necessary to 
investigate a complaint if: 
(a) a legal guardian of the resident refuses to 
give the permission, 
(b) a representative of the Office has 
reasonable cause to believe that the 
guardian is not acting i n the best interests 
of the resident, and 
(c) the representative obtains the approval of 
the State Long-Term Care Ombudsman, 
c. access to the administrative records, policies , and 
documents, to which the residents have , or the general 
public has access, of long -term care facilities, and 
d. access to copies of all licensing and certification 
records maintained by the Department or any o ther 
agency of this state with respect to long-term care 
facilities.   
 
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2.  For purposes of this subsection, the term “Representative 
“representative of the Office” shall not include any unpaid or 
volunteer state, area, or local ombudsman. 
SECTION 16.     AMENDATORY     63 O.S. 2021, Section 1 -2214, is 
amended to read as follows: 
Section 1-2214. A.  For purposes of the The Governmental Tort 
Claims Act, any state, area , or local long-term care ombudsman shall 
be deemed to be an employee of thi s state and as such shall not be 
personally liable for any act or omission made within the “scope of 
employment”, as such term is defined by the The Governmental Tort 
Claims Act. 
B.  1.  The Department of Human Services State Department of 
Health shall assure that adequate legal counsel is available to the 
Office of the State Long-Term Care Ombudsman for the advice and 
consultation needed to protect the health, safety, welfare , and 
rights of residents, and that legal representation is provided to 
any representative of the Office: 
a. against whom suit or other legal action is brought in 
connection with any act or omission of a 
representative made within the scope of employment, or 
b. to assist the ombudsman and representatives of the 
Office in the performance of their official duties. 
2.  The provisions of this section shall not be construed to 
require or authorize any legal counsel provided by the Department of   
 
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Human Services to represent any resident of a nursing facility in an 
individual capacity. 
SECTION 17.     AMENDATORY    63 O.S. 2021, Section 1 -2216, is 
amended to read as follows: 
Section 1-2216. A.  The Commission for Human Services State 
Commissioner of Health shall promulgate rules regarding: 
1.  The powers and o fficial duties of the State Long-Term Care 
Ombudsman consistent with applicable federal law and rules or as 
provided by the Long -Term Care Ombudsman Act; 
2.  Minimum qualifications for persons to serve as 
representatives of the Office of the State Long -Term Care Ombudsman; 
3.  Initial and continuing training r equirements for ombudsman 
staff and volunteers which shall provide for a minimum of eighteen 
(18) hours of continuing education relevant to the care of the aging 
and disabled; 
4.  The minimum number of visits that must be made by an 
ombudsman to the assigned facilities; 
5.  The proper documentation and reporting of visits made to 
facilities by the ombudsman ; 
6. Procedures to ensure that officers, employees , or other 
representatives of the Office are not subject to a con flict of 
interest which would impair their ability to carry out their 
official duties in an impartial manner; and   
 
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7. The disclosure by the State Long -Term Care Ombudsman or area 
or local Ombudsman entities of files ma intained by the Stat e Long-
Term Care Ombudsman Program.  Such rules shall: 
a. provide that such files and records may be disclosed 
only at the discretion of the State Long -Term Care 
Ombudsman or the person designated by the State Long-
Term Care Ombudsman to disclose the fil es and records, 
and 
b. prohibit the disclosure of the ide ntity of any 
complainant or resident with respect to whom the 
Office maintains such files or records unless: 
(1) the complainant or resident, or the legal 
representative of the comp lainant or resident, 
consents to the disclosure and the consent is 
given in writing, 
(2) (a) the complainant or resident gives consent 
orally, and 
(b) the consent is documented contemporaneously 
in a writing made by a State Long -Term Care 
Ombudsman representative of the Off ice in 
accordance with such rules as the Commission 
Commissioner shall promulgate, or 
(3) the disclosure is required by court order.   
 
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B.  The Oklahoma State Council on Aging and Adult Protective 
Services, established by the Commission for Human Services 
Commissioner to review, monitor, and evaluate programs targeted to 
older persons, shall serve in an advisory capacity to the State 
Long-Term Care Ombudsman through establishment of a committee with 
equal provider and consumer representation. 
SECTION 18.  This act shall become effective November 1, 20 24. 
COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS 
February 14, 2024 - DO PASS AS AMENDED BY CS