Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1709 Compare Versions

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Version 2 (New)

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3		-
4		-
5		-	An Act
6		-	ENROLLED SENATE
7		-	BILL NO. 1709 By: Rosino, Pederson, and
8		-	Stephens of the Senate
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	27	+
	28	+	ENGROSSED HOUSE AMENDME NT
	29	+	TO
	30	+	ENGROSSED SENATE BILL NO . 1709 By: Rosino and Pederson of the
	31	+	Senate
9	32
10	33		and
11	34
12		-	Echols, Burns, Ford,
13		-	Townley, and May of the
14		-	House
	35	+	Echols of the House
	36	+
15	37
16	38
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18	40		An Act relating to the Department of Human Services;
	41	+	transferring the Office of Client Advocacy and the
	42	+	Office of the State Long-Term Care Ombudsman from the
	43	+	Department of Human Services to the State Department
	44	+	of Health; directing certain transfers; requiring the
	45	+	Director of the Office of Management and Enterprise
	46	+	Services to coordinate certain transfers; stipulating
	47	+	procedures for transfer of administrat ive rules;
	48	+	amending 10 O.S. 2021, Section 1430.27, which relates
	49	+	to inspection, investigation, survey , or evaluation
	50	+	of group homes; conforming and updating language;
	51	+	amending 10A O.S. 2021, Section 1 -9-112, which
	52	+	relates to the Office of Client Advocacy; conforming,
	53	+	updating, and clarifyi ng language; removing certain
	54	+	restriction on dismissal of personnel; modifying
	55	+	qualifications of Advocate General; amending 10A O.S.
	56	+	2021, Section 1-9-117, which relates to allegations
	57	+	against Department of Human Services employees or
	58	+	child-placing agency by foster parent; conforming and
	59	+	updating language; amending Section 2, Chapter 123,
	60	+	O.S.L. 2022 (43A O.S. Supp. 2023, Section 10 -115),
	61	+	which relates to multidisciplinary elderly and
	62	+	vulnerable adult abuse teams; conformin g and updating
	63	+	language; amending 63 O.S. 2021, Sections 1 -829, 1-
	64	+	1902, 1-1911, 1-1941, 1-1945, 330.58, as amended by
	65	+	Section 6, Chapter 271, O.S.L. 2023, and as
	66	+	renumbered by Section 14, Chapter 271, O.S.L. 2023,
	67	+	1-1950.4, 1-2212, 1-2213, 1-2214, and 1-2216 (63 O.S.
	68	+	Supp. 2023, Section 1 -1949.4), which relate to long -
	69	+	term care; conforming, updating, and cl arifying
	70	+	language; making language gender neutral; updating
	71	+	statutory references; providing for codification; and
	72	+	providing an effective date.
	73	+
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	101	+	AUTHOR: Add the following House Coauthor s: Burns and Ford
	102	+
	103	+	AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
	104	+	and insert:
	105	+
	106	+
	107	+	"An Act relating to the Department of Human Servi ces;
19	108		transferring the Offic e of Client Advocacy from the
20	109		Department of Human Services to the State Department
21	110		of Health; transferring the Office of the State Long -
22	111		Term Care Ombudsman from the Dep artment of Human
23	112		Services to the Office of the Attorney General ;
24	113		directing certain trans fers; requiring the Director
25	114		of the Office of Management an d Enterprise Services
26	115		to coordinate certain transfers; stipulating
27	116		procedures for transfer of administrat ive rules;
28	117		amending 10 O.S. 2021, Section 1430.27, which relates
29	118		to inspection, investigatio n, survey, or evaluation
30	119		of group homes; conforming and upd ating language;
31	120		amending 10A O.S. 2021, Section 1 -9-112, which
32	121		relates to the Office of Client Advocacy; conforming,
33	122		updating, and clarifying language; removing certain
34	123		restriction on dismissal of personnel; modifying
35	124		qualifications of Advocate General; am ending 10A O.S.
36	125		2021, Section 1-9-117, which relates to allegations
37	126		against Department of Human Services employees or
38	127		child-placing agency by foster parent; conforming and
39	128		updating language; amendi ng Section 2, Chapter 123,
40		-	O.S.L. 2022, as amended by Section 1 of Enrolled
41		-	House Bill No. 3317 of the 2nd Session of the 59th
42		-	Oklahoma Legislature , which relates to
43		-	multidisciplinary elderly and vulnerable adult abuse
44		-	teams; conforming and updating language; amending 63
45		-	O.S. 2021, Sections 1-829, 1-1902, 1-1911, 1-1941, 1-
46		-	1945, 330.58, as amended by Section 6, Chapter 271,
47		-	O.S.L. 2023, and as renumbered by Section 14, Chapter
48		-
49		-	ENR. S. B. NO. 1709 Page 2
50		-	271, O.S.L. 2023, 1-1950.4, 1-2212, 1-2213, 1-2214,
51		-	and 1-2216 (63 O.S. Supp. 2023, Section 1 -1949.4),
52		-	which relate to long-term care; conforming, updating,
53		-	and clarifying language; making language gender
54		-	neutral; updating statutory references; providing for
55		-	codification; and providing an effective date.
56		-
57		-
58		-
59		-
60		-	SUBJECT: Department of Human Services
	129	+	O.S.L. 2022 (43A O.S. Supp. 2023 , Section 10-115),
	130	+	which relates to multidisciplinary elderly and
	131	+	vulnerable adult abuse teams; conformin g and updating
	132	+	language; amending 63 O.S. 2021, Sections 1 -829, 1-
	133	+	1902, 1-1911, 1-1941, 1-1945, 330.58, as amended by
	134	+	Section 6, Chapter 271, O.S.L. 20 23, and as
	135	+	renumbered by Section 14, Chapter 271, O.S.L. 2023,
	136	+	1-1950.4, 1-2212, 1-2213, 1-2214, and 1-2216 (63 O.S.
	137	+	Supp. 2023, Section 1 -1949.4), which relate to long -
	138	+	term care; conforming, updat ing, and clarifying
	139	+	language; making language gender neutra l; updating
	140	+	statutory references; providing for codification; and
	141	+	providing an effective date.
	142	+
	143	+
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61	145
62	146		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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63	172
64	173		SECTION 1. NEW LAW A new section of law to be codified
65	174		in the Oklahoma Statutes as Section 1-9-112a of Title 10A, unless
66	175		there is created a duplication in numbering, reads as follows:
67		-
68	176		A. Upon the effective date of this act, the Office of Client
69	177		Advocacy within the Department of Human Services shall transfer to
70	178		the State Department o f Health. The Office of Client Advocacy and
71	179		the Advocate General shall continue to exercise th eir statutory
72	180		powers and duties.
73		-
74	181		B. All equipment, supplies, records, matters pending, assets,
75	182		future liabilities, fund balances, encumbrances, obligations,
76	183		indebtedness, and legal and contractual rights and responsibilities
77	184		of the Office of Client Advocacy shall be transferred to the State
78	185		Department of Health.
79		-
80	186		C. Any monies accruing to or in the name o f the Office of
81	187		Client Advocacy on and after the effective date of this act, or any
82	188		monies that accrue in any funds or accounts or are maintained for
83	189		the benefit of the Office of Client Advocacy on and after the
84	190		effective date of this act, shall be transfe rred to the State
85	191		Department of Health.
86		-
87	192		D. The Department of Human Services and the State Department of
88	193		Health may enter into an agreement for the transfer of perso nnel.
89	194		No employee shall be transferred to the State Department of Health
90	195		except on the freely given written consent of the employee. Any
91	196		employee who is transferred shall not be required to accept a lesser
92	197
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94	223		grade or salary than presently receiv ed. All employees shall retain
95	224		leave, sick, and annual time earned, and any retirement and
96	225		longevity benefits which have accrued during their tenure with the
97	226		Department of Human Services. The transfer of personnel between the
98	227		state agencies shall be coordinated wit h the Office of Management
99	228		and Enterprise Services.
100		-
101	229		E. The Director of the Office of Manag ement and Enterprise
102	230		Services shall coordinate the transfer of funds, allotments,
103	231		purchase orders, and outstanding financial obligations or
104	232		encumbrances as provided for in this section.
105		-
106	233		F. Upon the effective date of this act, all administrative
107	234		rules promulgated by the Director of Human Services for the Office
108	235		of Client Advocacy shall be transferred to and become a part of the
109	236		administrative rules of the State Depart ment of Health. The Office
110	237		of Administrative Rules in the Office of the Secretary of State
111	238		shall provide adequate notice in "The Oklahoma Register " of the
112	239		transfer of such rules and shall place the transferred rules under
113	240		the Oklahoma Administr ative Code title of the State Department of
114	241		Health. Such rules shall continu e in force and effect as rules of
115	242		the State Department of Health from and after the effective date of
116	243		this act, and any amendment, repeal, or addition to the transferred
117	244		rules shall be under the jurisdiction of the State Commissioner of
118	245		Health.
119	246
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120	272		SECTION 2. NEW LAW A new section of law to be codified
121	273		in the Oklahoma Statutes as Section 1-2213.1 of Title 63, unless
122	274		there is created a duplication in numbering, r eads as follows:
123		-
124	275		A. Upon the effective date of this act, the Office of the S tate
125	276		Long-Term Care Ombudsman within the Department of Human Services
126	277		shall transfer to the Office of the Attorney General . The Office of
127	278		the State Long-Term Care Ombudsman shall continue to ex ercise its
128	279		statutory powers and duties.
129		-
130	280		B. All equipment, sup plies, records, matters p ending, assets,
131	281		future liabilities, fund balances, encumbrance s, obligations,
132	282		indebtedness, and legal and contractual rights and responsibilities
133	283		of the Office of the State Long-Term Care Ombudsman shall be
134	284		transferred to the Office of the Attorney General .
135		-
136		-
137		-	ENR. S. B. NO. 1709 Page 4
138	285		C. Any monies accruing to or in the name of the Office of the
139	286		State Long-Term Care Ombudsman on and after the effective date of
140	287		this act, or any monies that accrue in any funds or accounts or are
141	288		maintained for the benefit of th e Office on and after the effective
142	289		date of this act, shall be transferred to the Office of the Attorney
143	290		General.
144		-
145	291		D. The Department of Human Services and the Office of the
146	292		Attorney General may enter into an agreement for the transfer of
147	293		personnel. No employee shall be transferre d to the Office of the
148	294		Attorney General except on the freely g iven written consent of the
149	295		employee. Any employee who is transferred shall not be required to
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150	322		accept a lesser grade or sa lary than presently received. All
151	323		employees shall retain leave, sick, and annual time earned, and any
152	324		retirement and longevity benef its which have accrued during their
153	325		tenure with the Department of Human Services. The transfer of
154	326		personnel between the state agencies shall be coordinated with the
155	327		Office of Management and Ent erprise Services.
156		-
157	328		E. The Director of the Office of Management and Enterprise
158	329		Services shall coordinate the transfer of funds, allotments,
159	330		purchase orders, and outstanding financial obl igations or
160	331		encumbrances as provided for in th is section.
161		-
162	332		F. Upon the effective date of this act, all administrative
163	333		rules promulgated by the Director of Human Services for the Office
164	334		of the State Long-Term Care Ombudsman shall be transferred t o and
165	335		become a part of the administrative rules of the Office of the
166	336		Attorney General. The Office of Administrative Rules in the Office
167	337		of the Secretary of State sh all provide adequate notice in "The
168	338		Oklahoma Register" of the transfer of such rules and shall place the
169	339		transferred rules under the Oklahoma Admini strative Code title of
170	340		the Office of the Attorney General. Such rules shall continue i n
171	341		force and effect as rul es of the Office of the Attorney General from
172	342		and after the effective date of this act, and any ame ndment, repeal,
173	343		or addition to the transferre d rules shall be under th e jurisdiction
174	344		of the Attorney General.
175	345
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176	371		SECTION 3. AMENDATORY 10 O.S. 2021, Section 1430.27, is
177	372		amended to read as follows:
178		-
179		-
180		-	ENR. S. B. NO. 1709 Page 5
181	373		Section 1430.27. A. Every group home shall be inspected at
182	374		least annually by a duly appointed representa tive of the Department
183	375		of Human Services pursuant to rules pro mulgated by the Commission
184	376		for Human Services with the advice and counsel of the Group Homes
185	377		for Persons with Developmental or Physical Disabilities Advisory
186	378		Board established by Section 1430.4 of this title Director of Human
187	379		Services.
188		-
189	380		B. The Department s hall at least annually and whenever it deems
190	381		necessary inspect, survey, and evaluate each group home to determine
191	382		compliance with applicable licensure and program requir ements and
192	383		standards.
193		-
194	384		C. Any inspection, investigation, survey, or evaluation may be
195	385		conducted without prior notice to the home. At least one inspection
196	386		per group home shall be unannounced. Any li censee or applicant for
197	387		a license shall be deemed to have given consent to any dul y
198	388		authorized employee or agent of the Department to enter and inspect
199	389		the group home in accordance with the provisions of the Group Homes
200	390		for Persons with Developmental or Physical Disa bilities Act.
201	391		Refusal to permit such entry or inspection may constitut e grounds
202	392		for the denial, nonrenewal, suspension, or revocatio n of a license.
203	393
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204	419		D. The Department shall maintain a log, updated at least
205	420		monthly and available for public inspe ction, which shall at a
206	421		minimum detail:
207		-
208	422		1. The name of the group home and date of inspection,
209	423		investigation, survey, or evaluation;
210		-
211	424		2. Any deficiencies, lack of compliance, or violation noted at
212	425		the inspection, investigation, survey, or evaluation;
213		-
214	426		3. The date a notice of violation, license denial, nonrenewal ,
215	427		suspension, or revocati on was issued or other enforcement action
216	428		occurred;
217		-
218	429		4. Proposed dates for the resolution of deficiencies;
219		-
220	430		5. The date corrections were completed, as verified by an
221	431		inspection; and
222		-
223		-
224		-	ENR. S. B. NO. 1709 Page 6
225	432		6. If the inspection or investigation was made p ursuant to the
226	433		receipt of a complaint, the date such complaint was received and the
227	434		date the group home was notified of the results of the inspection or
228	435		investigation.
229		-
230	436		E. The Department shall require periodic reports and shall have
231	437		access to books, record s, and other documents ma intained by the
232	438		group home to the extent necessary to implemen t the provisions of
233	439		the Group Homes for Persons with Developmental or Physical
234	440		Disabilities Act and the rules pr omulgated by the Commission for
235	441		Human Services Director pursuant thereto.
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236	467
237	468		F. Any state or local ombudsman representative of the Office of
238	469		the State Long-Term Care Ombudsman within the Office of the Attorney
239	470		General or a representative of the Office of Client Advocacy within
240	471		the State Department of Health having proper identification is
241	472		authorized to enter any group home licensed pursuant to the
242	473		provisions of the Grou p Homes for Persons with Developmental or
243	474		Physical Disabilities Act, communicate privately and without
244	475		unreasonable restriction with any resident of a group home who
245	476		consents to such communication, to seek consent to communicate
246	477		privately and without restr iction with any resident of a group home,
247	478		and to observe all areas of a group home that directly pertain t o
248	479		the care of a resident of a group home.
249		-
250	480		G. All state agencies re ceiving complaints on, or conducting
251	481		surveys or inspections of , group homes shall forward complete copies
252	482		of complaints or inspection or survey results to the Office of
253	483		Client Advocacy of the Department of Human Services .
254		-
255	484		SECTION 4. AMENDATORY 10A O.S. 2021, Section 1 -9-112, is
256	485		amended to read as follows:
257		-
258	486		Section 1-9-112. A. 1. The Director of Human Services is
259	487		authorized and directed to State Commissioner of Hea lth shall
260	488		establish the Office of Client A dvocacy within the Department of
261	489		Human Services State Department of Health and to shall employ
262	490		personnel necessary to carry out the purposes of this section and
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263	517		the duties listed in provisions of this section. Personnel may be
264	518		dismissed only for cause .
265		-
266		-
267		-	ENR. S. B. NO. 1709 Page 7
268	519		2. The chief administrative officer head of the Office of
269	520		Client Advocacy shall be the A dvocate General, who shall be an
270	521		attorney. The Advocate General shall be a member of the Oklahoma
271	522		Bar Association and shall ha ve a minimum of three (3) years '
272	523		experience as an attorney. The co mpensation of the Advocate General
273	524		shall be no less than that of the classification of Attorney III as
274	525		established in the Merit System of Personnel Administration
275	526		classification and compensation plan, but shall be an unclassified
276	527		position.
277		-
278	528		3. The duties and responsibilities of the Advocate General are
279	529		to:
280		-
281	530		a. supervise personnel assigned to the Office of Client
282	531		Advocacy,
283		-
284	532		b. monitor and review grievance procedures and hearings,
285		-
286	533		c. establish and maintain a fair, simple, and expeditiou s
287	534		system for resolution o f grievances of:
288		-
289	535		(1) all children in the custody of the Depart ment of
290	536		Human Services regarding:
291		-
292	537		(a) the substance or application of any written
293	538		or unwritten policy or rule of the
294	539		Department or agent of the Department, or
295	540
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296	566		(b) any decision or action by an em ployee or
297	567		agent of the Department, or of any child in
298	568		the custody of the Department ,
299		-
300	569		(2) foster parents relating to the provision of
301	570		foster care services pursuant to this section and
302	571		Section 1-9-117 of this title, and
303		-
304	572		(3) all persons receiving services fro m the
305	573		Developmental Disabilities Services Division of
306	574		the Department of Human Servi ces,
307		-
308	575		d. investigate allegations of abuse, neglect, sexual
309	576		abuse, and sexual exploitation, as th ose terms are
310		-
311		-	ENR. S. B. NO. 1709 Page 8
312	577		defined in the Oklahoma Children 's Code, by a person
313	578		responsible for a child, regardless of custody:
314		-
315	579		(1) residing outside their his or her own homes home
316	580		other than children in foster care or children in
317	581		the custody of the Office of Juvenile Affairs and
318	582		placed in an Office of Juvenile Affairs s ecure
319	583		facility,
320		-
321	584		(2) in a day treatment program as defined in Section
322	585		175.20 of Title 10 of the Oklahoma Stat utes, and
323	586		submit a report of the results of the
324	587		investigation to the appropriate district
325	588		attorney and to the State Department of Health,
326	589
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327	615		(3) receiving services from a commu nity services
328	616		worker as that term is defined in Section 1025.1
329	617		of Title 56 of the O klahoma Statutes, and
330		-
331	618		(4) residing in a state institution listed in Section
332	619		1406 of Title 10 of the Oklaho ma Statutes,
333		-
334	620		e. establish a system for inv estigating allegations of
335	621		misconduct, by a person responsible for a child, not
336	622		rising to the level of abuse, neglect, sexual abuse,
337	623		or sexual exploitation with regard to any child or
338	624		resident listed in s ubparagraph d of this paragraph,
339		-
340	625		f. coordinate any hearings or meetings of Departmental
341	626		departmental administrative review committees
342	627		conducted as a result of un resolved grievances or as a
343	628		result of investigations,
344		-
345	629		g. make recommendations to the State Commissioner of
346	630		Health, who shall then make recommendatio ns to the
347	631		Director of Human Services, and provide regular or
348	632		special reports regarding grievance procedures,
349	633		hearings and investigations to the Director, the
350	634		Commission Commissioner, the Office of Juveni le System
351	635		Oversight, and other appropriate persons as necessary,
352		-
353		-
354		-	ENR. S. B. NO. 1709 Page 9
355	636		h. forward to the Office of Juvenile System Oversight,
356	637		for the information of the Director of th at office, a
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357	664		copy of the final report of any grievance which is not
358	665		resolved in the favor of the complaina nt,
359		-
360	666		i. perform such other duties as requir ed by the Director
361	667		of the Department or the Commission State Commissioner
362	668		of Health, and
363		-
364	669		j. develop policies and procedures as necessary to
365	670		implement the duties and responsibilities assigned to
366	671		the Office of Client Advocacy.
367		-
368	672		B. The Office of Client Advoca cy shall make a complete written
369	673		report of their its investigations. The investigation report,
370	674		together with its recommendations, shall be submitted to the
371	675		appropriate district attorney 's office.
372		-
373	676		C. 1. Except as otherwise provided by the Oklahoma Childr en's
374	677		Code, the reports re quired by Section 1-2-101 of this title or any
375	678		other information acquired pursuant to the Oklahoma Children 's Code
376	679		shall be confidential and may be disclosed only as provided in
377	680		Section 1-2-108 of this title and the Oklahoma Childr en's Code.
378		-
379	681		2. Except as otherwise provided by the Oklahoma Children 's
380	682		Code, any violation of the confidenti ality requirements of the
381	683		Oklahoma Children's Code shall, upon conviction, be a misdemeanor
382	684		punishable by up to six (6) months in jail, by a fine of Five
383	685		Hundred Dollars ($500.00), or by both such fine and imprisonment.
384		-
385	686		3. Any records or information discl osed as provided by this
386	687		subsection shall remain confidential. The use of any information
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387	714		shall be limited to the purpose for which disclosure is a uthorized.
388	715		Rules promulgated by the Commission for Human Services State
389	716		Commissioner of Health shall provide for disclosure of relevant
390	717		information concerning Office of Client Advocacy investigations to
391	718		persons or entities acting in an official capacity w ith regard to
392	719		the subject of the investigation.
393		-
394	720		4. Nothing in this section shall be co nstrued as prohibitin g
395	721		the Office of Client Advocacy or the Department of Human Services
396	722		from disclosing such confid ential information as may be necessary to
397		-
398		-	ENR. S. B. NO. 1709 Page 10
399	723		secure appropriate care, treatment, or protection of a child alleged
400	724		to be abused or neglected.
401		-
402	725		D. 1. The Office of Client Advocacy shall investigate any
403	726		complaint received by the Office of Juvenile System Oversight
404	727		alleging that an employee of the Department of Human Services or a
405	728		child-placing agency has threatened a foster parent with removal of
406	729		a child from the foste r parent, harassed a foster parent, or refused
407	730		to place a child in a licensed or certified fost er home, or
408	731		disrupted a child placement as retaliatio n or discrimination towar ds
409	732		a foster parent who has:
410		-
411	733		a. filed a grievance pursuant to S ection 1-9-120 of this
412	734		title,
413		-
414	735		b. provided information to any state official or
415	736		Department of Human Services employee, or
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416	762
417	763		c. testified, assisted, or otherwise participate d in an
418	764		investigation, proceeding, or hearing against the
419	765		Department of Human Services or child-placing agency.
420		-
421	766		2. The provisions of this subsection shall not apply to any
422	767		complaint by a foster parent r egarding the result of a criminal,
423	768		administrative, or civil proceeding for a v iolation of any law,
424	769		rule, or contract provision by that foste r parent, or the acti on
425	770		taken by the Department of Human Services or a child-placement
426	771		agency in conformity with the result of any such proceeding.
427		-
428	772		3. The Office of Cli ent Advocacy shall at all times be granted
429	773		access to any foster home or any child -placing agency which is
430	774		certified, authorized, or funded by the Department of Human
431	775		Services.
432		-
433	776		SECTION 5. AMENDATORY 10A O.S. 2021, Section 1 -9-117, is
434	777		amended to read as fol lows:
435		-
436	778		Section 1-9-117. A. 1. A foster parent may report to the
437	779		Office of Client Advocacy of the Department of Human Services within
438	780		the State Department of Health an allegation that an e mployee of the
439	781		Department of Human Services or of a child-placing agency has
440	782		threatened the foster parent with removal of a child from the foster
441		-
442		-	ENR. S. B. NO. 1709 Page 11
443	783		parent, harassed or refused to place a child in a licensed or
444	784		certified foster home, or disrupted a child placement as retaliation
445	785		or discrimination tow ards a foster parent who has:
446	786
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447	812		a. filed a grievance pursuant to Section 1 -9-120 of this
448	813		title,
449		-
450	814		b. provided information to any state official or
451	815		Department of Human Services employee, or
452		-
453	816		c. testified, assisted, or ot herwise participated in an
454	817		investigation, proceeding, or hearing against the
455	818		Department of Human Services or child-placing agency.
456		-
457	819		2. The provisions of this subsection shall not apply to any
458	820		complaint by a foster parent regarding the result of a criminal,
459	821		administrative, or civil proceeding for a violation of any law,
460	822		rule, or contract provision by that foster parent, or the action
461	823		taken by the Departm ent of Human Services or a child-placing agency
462	824		in conformity with the result of any such proceeding.
463		-
464	825		3. A reporter shall not be relieved of the du ty to report
465	826		incidents of alleged child abuse or neglect pursuant to the Oklahoma
466	827		Children's Code.
467		-
468	828		4. The Advocate General shall establish rules and procedures
469	829		for evaluating reports of complaints pursu ant to paragraph 1 of this
470	830		subsection and for conduct ing an investigation of s uch reports.
471		-
472	831		B. 1. The Office of Client Advocacy shall prepa re and maintain
473	832		written records from the reporting source that shall contain the
474	833		following information to the extent known at t he time the report is
475	834		made:
476	835
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477	861		a. the names and addresses of the child and the person
478	862		responsible for the child 's welfare,
479		-
480	863		b. the nature of the complaint , and
481		-
482	864		c. the names of the persons or agencies responsible for
483	865		the allegations contained in the complaint.
484		-
485		-
486		-	ENR. S. B. NO. 1709 Page 12
487	866		2. Any investigation conducted by the Off ice of Client Advocacy
488	867		pursuant to such information shall not duplicate and shall be
489	868		separate from the inves tigation mandated by the Oklahoma Children 's
490	869		Code or other investigation of the Department of Human Services
491	870		having notice and hearing requirements.
492		-
493	871		3. At the request of th e reporter, the Office of Client
494	872		Advocacy shall keep the ident ity of the reporter s trictly
495	873		confidential from the operation of the Department of Human Services,
496	874		until the Advocate General State Commissioner of Health determines
497	875		what recommendations shall be made to the Commission for Human
498	876		Services and to the Director of the Department.
499		-
500	877		C. The Commission Commissioner and the Director shall ensure
501	878		that a person making a report in good faith u nder this section is
502	879		not adversely affecte d solely on the basis of having made such
503	880		report.
504		-
505	881		D. Any person who knowingly and will fully makes a false o r
506	882		frivolous report or complaint or a report that the person knows
507	883		lacks factual foundation, pur suant to the provisions of this
508	884		section, may be subje ct to loss of foster pare nt certification.
509	885
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510	911		SECTION 6. AMENDATORY Section 2, Chapter 123, O.S.L.
511		-	2022, as amended by Section 1 of Enrolled House Bill No. 3317 of the
512		-	2nd Session of the 59th Oklahoma Legislature , is amended to read as
	912	+	2022 (43A O.S. Supp. 2023, Section 10 -115), is amended to read as
513	913		follows:
514		-
515	914		Section 10-115. A. In coordination with the District Atto rneys
516	915		Council, each district attorney may develop a multidisciplinary team
517	916		for the investigation and prosecu tion of crimes committed against
518	917		the elderly or vulnerable adults in each county of the distric t
519	918		attorney or in a contiguous group of counties. The lead agency for
520	919		the team shall be chosen by the members of the team. The team shall
521	920		intervene in reports i nvolving sexual abuse, abuse, neglect, or
522	921		exploitation of an elderly person or vulnerable adult as defined in
523		-	Section 10-103 of this title.
524		-
	922	+	Section 10-103 of Title 43A of the Okl ahoma Statutes.
525	923		B. The multidisciplinary elderly and vulnerable adult abuse
526	924		team members shall include, but not be limited to:
527		-
528		-
529		-	ENR. S. B. NO. 1709 Page 13
530	925		1. Mental health professionals licensed pursuant to the laws of
531	926		this state or licensed professional counselors;
532		-
533	927		2. Police officers or other law enforce ment agents whose duties
534	928		include, or who have experience or tr aining in, elder elderly and
535	929		vulnerable adult abuse and neglect investigation;
536		-
537	930		3. Medical personnel with experience in elder elderly and
538	931		vulnerable adult abuse and negl ect identification;
539		-
540	932		4. Adult Protective Services, Office of Client Advocacy, and
541	933		long-term care workers wit hin the Department of Human Services;
542	934
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543	960		5. Office of Client Advocacy workers within the State
544	961		Department of Health;
545		-
546	962		6. Multidisciplinary elder elderly and vulnerable adult a buse
547	963		team coordinators; and
548		-
549	964		6. 7. The district attorney or as sistant district atto rney.
550		-
551	965		C. 1. Subject to the availability of funds and resources, the
552	966		functions of the team shall include, but not be limited to:
553		-
554	967		a. whenever feasible, joint investigations by law
555	968		enforcement and Adult Protective Services, Office of
556	969		Client Advocacy, or lon g-term care staff to
557	970		effectively respond to reports of abuse against
558	971		elderly or vulnerable adul t victims,
559		-
560	972		b. the development of a written protocol f or
561	973		investigation of sexua l abuse, abuse, neglect, or
562	974		exploitation cases of elderly or v ulnerable adults and
563	975		for the interview of victims to ensure coordination
564	976		and cooperation between all agencies involved. Such
565	977		protocol shall include confidentiality stat ements and
566	978		interagency agreements signed by member agencies that
567	979		specify the cooperativ e effort of the membe r agencies
568	980		to the team,
569		-
570	981		c. communication and collaboration among the
571	982		professionals responsible for the reporting,
572	983
573		-	ENR. S. B. NO. 1709 Page 14
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574	1009		investigation, prosecution, and tr eatment of elderly
575	1010		and vulnerable adult abuse and neglect cases,
576		-
577	1011		d. elimination of duplicative efforts in th e
578	1012		investigation and the prosecution of abuse and neglect
579	1013		cases committed against elderly or vulnerable adu lt
580	1014		victims,
581		-
582	1015		e. identification of gaps in s ervice or untapped
583	1016		resources within the community to improve the delivery
584	1017		of services to the victim and fami ly,
585		-
586	1018		f. development of expertise through training. Each team
587	1019		member and those conducting invest igations and
588	1020		interviews of elder elderly or vulnerable adult abuse
589	1021		victims shall be trained in the multidisciplinary team
590	1022		approach, conduction of legally sound d evelopmentally
591	1023		and age-appropriate interviews, effective
592	1024		investigation techniques and joint investigations as
593	1025		provided through the State Department of Health, the
594	1026		District Attorneys Council, the Department of Human
595		-	Services, or other resources . At least one team
596		-	member or those conducting investigations and
597		-	interviews of elder or vulnerable adult abuse victims
598		-	shall complete dementia -specific training on
599		-	Alzheimer's disease and related dementia that includes
600		-	one or more of the following:
601		-
602		-	(1) communication skills,
603		-
604		-	(2) problem-solving with challenging behaviors, or
605		-
606		-	(3) explanation of Alzheimer's disease and other
607		-	dementia,
608		-
	1027	+	Services, or other r esources,
609	1028		g. formalization of a case review process and provision
610	1029		of data as requested, and
611		-
612	1030		h. standardization of in vestigative procedures for the
613	1031		handling of elderly an d vulnerable adult abuse and
614	1032		neglect cases.
615	1033
616		-
617		-	ENR. S. B. NO. 1709 Page 15
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618	1059		2. Any investigation or interview related to sexual abuse,
619	1060		abuse, or neglect of elderly or vulnerable adults shall be conducted
620	1061		by appropriate personnel using the protoc ols and procedures
621	1062		specified in this secti on.
622		-
623	1063		3. If trained person nel are not available in a timely manner
624	1064		and if a law enforcem ent officer or the De partment of Human Services
625	1065		determines that there is reasonable cause to believe a delay in
626	1066		investigation or interview of a victim could place the vi ctim's
627	1067		health or welfare in danger of harm or threatened harm, the
628	1068		investigation may pr oceed without full pa rticipation of all
629	1069		personnel, but only for as long as the danger to the victim exists.
630		-	The Department of Human Services shall make a reasonable effort to
631		-	find and provide a trained investigator or interviewer.
632		-
	1070	+	The Department shall make a reasonable effort to find and pr ovide a
	1071	+	trained investigator or interviewer.
633	1072		D. A multidisciplinary elder elderly or vulnerable adult abuse
634	1073		team shall have full access to any service or treatment plan and any
635	1074		personal data known to th e Department of Human Services that is
636	1075		directly related to the implementation of the requirements of this
637	1076		section.
638		-
639	1077		E. Each member of the te am shall protect the confidentiality of
640	1078		the elderly or vulnerable adult and any information made available
641	1079		to the team member. The multidisciplinary team and any inform ation
642	1080		received by the team shall be exempt from the Oklahoma Open Meeting
643	1081		Act and the Oklahoma Open Records Act.
644	1082
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645	1108		SECTION 7. AMENDATORY 63 O.S. 2021, Section 1 -829, is
646	1109		amended to read as follows:
647		-
648	1110		Section 1-829. A. Every residential care home for which a
649	1111		license has been issued shall be inspected by a duly appointed
650	1112		representative of th e State Department of Health pursuant to rules
651	1113		promulgated by the State Board Commissioner of Health with the
652	1114		advice and counsel of the Long -Term Care Facility Advisory Boar d.
653	1115		Inspection reports shall be prepared on forms prescribed b y the
654	1116		Department with the advice and counsel of the Advisory Board.
655		-
656	1117		B. 1. The Department shall at least one time a year and
657	1118		whenever it deems necessary inspect, survey , and evaluate each home
658	1119		to determine compliance with applicable licensure rules.
659		-
660		-
661		-	ENR. S. B. NO. 1709 Page 16
662	1120		2. An inspection, investi gation, survey, or evaluation shall be
663	1121		either announced or unannounced. The State Board of Health
664	1122		Commissioner shall promulgate rules determining t he criteria when an
665	1123		inspection, investigation, survey, or evaluation shall be
666	1124		unannounced or may be announce d by the Department. Any licensee,
667	1125		applicant for a license , or operator of any unlicensed faci lity
668	1126		shall be deemed to have given consent to any dul y authorized
669	1127		employee, or agent of the Department to enter and inspect the home
670	1128		in accordance with the provi sions of the Residential Care Act.
671	1129		Refusal to permit such entry or inspection shall constitute grounds
672	1130		for the denial, nonrenewal, suspension, or r evocation of a license
673	1131		as well as emergency transfer of all residents.
674	1132
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675	1158		3. Any employee of the Department wh o discloses to any
676	1159		unauthorized person, prior to an inspection, information regarding
677	1160		an unannounced residential care home inspection that is requir ed
678	1161		pursuant to the provis ions of the Residential Care Act shall, upon
679	1162		conviction thereof, be guilty of a mis demeanor. In addition, such
680	1163		action shall be construed to be a misuse of office and punishable as
681	1164		a violation of rules promulgated by the Ethics Com mission.
682		-
683	1165		One person may be invited from a statewide organization of older
684	1166		adults or persons with disabilitie s by the Department to act as a
685	1167		citizen observer in any inspection.
686		-
687	1168		C. The Department shall ma intain a log, updated at least
688	1169		monthly and available for public inspection, wh ich shall at a
689	1170		minimum detail:
690		-
691	1171		1. The name of the home and da te of inspection, inv estigation,
692	1172		survey, or evaluation;
693		-
694	1173		2. Any deficiencies, lack of compliance, or violation noted at
695	1174		the inspection, investigation, survey, or evaluat ion;
696		-
697	1175		3. The date a notic e of violation, license denial, nonrenewal,
698	1176		suspension, or revocation was issued or other enforcement action
699	1177		occurred;
700		-
701	1178		4. The date a plan of correction was submitted and the dat e the
702	1179		plan was approved;
703		-
704		-
705		-	ENR. S. B. NO. 1709 Page 17
706	1180		5. The date corrections wer e completed, as verified by an
707	1181		inspection; and
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708	1207
709	1208		6. If the inspection or investigation w as made pursuant to t he
710	1209		receipt of a complaint, the date such complaint was received and the
711	1210		date the complainant was notified of the results of the inspection
712	1211		or investigation.
713		-
714	1212		D. The Department may require the residential care home to
715	1213		submit periodic reports. The Departmen t shall have access to books,
716	1214		records, and other documents maintained by the home to the extent
717	1215		necessary to implement the provisions of the Residen tial Care Act
718	1216		and the rules promulgated by the Board Commissioner pursuant
719	1217		thereto.
720		-
721	1218		E. The Department shall make at least one annual report on each
722	1219		home in the state. The report shall include all conditions and
723	1220		practices not in compliance with the provis ions of the Residential
724	1221		Care Act or rules promulgated pursuant thereto within the last year
725	1222		and, if a violation is corrected, or is subject to an approved plan
726	1223		of correction. The Department shall send a copy of the report to
727	1224		any person upon receiving a wr itten request. The Depar tment may
728	1225		charge a reasonable fee to cover the cost of copying and mailing the
729	1226		report.
730		-
731	1227		F. A state or local ombudsman as that term is defined by the
732	1228		Special Unit on Aging within the Departm ent of Human Services
733	1229		pursuant to the Olde r Americans' Act, 42 U.S.C.A., Section 3001 et
734	1230		seq., as amended, representative of the Office of the State L ong-
735	1231		Term Care Ombudsman or case manager employed by the Department of
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736	1258		Mental Health and Substan ce Abuse Services or one of its contract
737	1259		agencies is authorized to accompany a nd shall be notified by the
738	1260		Department of any inspection condu cted of any home lice nsed pursuant
739	1261		to the provisions of the Residential Care Act. Any state or local
740	1262		ombudsman The State Long-Term Care Ombudsman or a representative of
741	1263		the Office is authorized to enter any home licensed pursuant to the
742	1264		provisions of the Residential Care Act, communicate privately and
743	1265		without unreasonable restriction with any resident of a home who
744	1266		consents to such communication, to seek consent to commu nicate
745	1267		privately and without restriction with any resident of a home, and
746	1268		to observe all areas of a home tha t directly pertain to the care of
747	1269		a resident of a home.
748		-
749		-	ENR. S. B. NO. 1709 Page 18
750		-
751	1270		G. Following any inspection by the Department, pu rsuant to the
752	1271		provisions of this section, all reports relating to t he inspection
753	1272		shall be filed in the county office of the Depar tment of Human
754	1273		Services in which the home is located and with the Department of
755	1274		Mental Health and Substance Abuse Se rvices.
756		-
757	1275		SECTION 8. AMENDATORY 63 O.S. 2021, Section 1-1902, is
758	1276		amended to read as follows:
759		-
760	1277		Section 1-1902. As used in the Nursing Home Care Act:
761		-
762	1278		1. "Abuse" means the willful infliction of injury, unreasonable
763	1279		confinement, intimidation , or punishment, with resulting physical
764	1280		harm, impairment, or mental anguish;
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765	1306
766	1307		2. "Access" means the right of a person to enter a faci lity to
767	1308		communicate privately and without unreasonable restriction when
768	1309		invited to do so by a resident. The state or local "ombudsman", as
769	1310		that term is defined by the A ging Services Division of the
770	1311		Department of Human Services pursuant to the Older Americ ans' Act,
771	1312		42 U.S.C.A., Section 3001 et seq., as amended, A representative of
772	1313		the Office of the State Long -Term Care Ombudsman and a case manager
773	1314		employed by the Departme nt of Mental Health and S ubstance Abuse
774	1315		Services or one of its contract agencies shall have right of access
775	1316		to enter a facility, communicate privately and without unreasonable
776	1317		restriction with any reside nt who consents to the communication, to
777	1318		seek consent to communicate privately and without restriction with
778	1319		any resident, and to observe all areas of the facilit y that directly
779	1320		pertain to the patient care of the resident without infringing upon
780	1321		the privacy of the oth er residents without first obtaining their
781	1322		consent;
782		-
783	1323		3. "Administrator" means the person licensed by the State of
784	1324		Oklahoma who is in charge of a facil ity. An administrator must
785	1325		devote at least one-third (1/3) of such person 's working time to on -
786	1326		the-job supervision of the facility; provided , that this requirement
787	1327		shall not apply to an administrator of an intermediate care facility
788	1328		for individuals with i ntellectual disabilities with sixteen or fewer
789	1329		beds (ICF/IID-16), in which case the person licensed by the state
790	1330		may be in charge of more than one s uch ICF/IID-16 facility, if such
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791	1357		facilities are located within a circle that has a radi us of not more
792		-
793		-	ENR. S. B. NO. 1709 Page 19
794	1358		than fifteen (15) miles, the total number of facilities and beds
795	1359		does not exceed six facilities and s ixty-four beds, and each such
796	1360		ICF/IID-16 facility is supervised by a qualified professional. The
797	1361		facilities may be free -standing in a community or may be on cam pus
798	1362		with a parent institution. The ICF/IID -16 facility may be
799	1363		independently owned and operated or may be part of a larger
800	1364		institutional operation;
801		-
802	1365		4. "Advisory Board" means the Long-Term Care Facility Advisory
803	1366		Board;
804		-
805	1367		5. "Adult companion home" means any home or establishment,
806	1368		funded and certified by the Department of Human Services, which
807	1369		provides homelike residential accommodations and supportive
808	1370		assistance to three or few er adults with intellectual or
809	1371		developmental disabilities;
810		-
811	1372		6. "Board" means the State Board of Health;
812		-
813	1373		7. "Commissioner" means the State Commissioner of Health;
814		-
815	1374		8. "Department" means the State Department of Health;
816		-
817	1375		9. "Facility" means a nursing facilit y and a specialized home;
818	1376		provided, this term shall not includ e a residential care home or an
819	1377		adult companion home;
820		-
821	1378		10. "Nursing facility" means a home, an establishment , or an
822	1379		institution, a distinct part of which is primarily en gaged in
823	1380		providing:
824	1381
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825	1407		a. skilled nursing care and related services for
826	1408		residents who require medical or nursin g care,
827		-
828	1409		b. rehabilitation services for the rehabilitation of
829	1410		injured, disabled, or sick persons, or
830		-
831	1411		c. on a regular basis, health -related care and services
832	1412		to individuals who because of their mental or physical
833	1413		condition require care a nd services beyond th e level
834	1414		of care provided by a residential care home and which
835		-
836		-	ENR. S. B. NO. 1709 Page 20
837	1415		can be made available to them onl y through a nursing
838	1416		facility.
839		-
840	1417		"Nursing facility" Nursing facility does not mean, for purposes of
841	1418		Section 1-851.1 of this title, a facility c onstructed or operate d by
842	1419		an entity described in paragraph 7 of subsection B of Section 6201
843	1420		of Title 74 of the Oklahoma Statut es or the nursing care component
844	1421		of a continuum of care facility, a s such term is defined under the
845	1422		Continuum of Care and Assiste d Living Act, to the extent that the
846	1423		facility constructed or operated by an entity described in paragraph
847	1424		7 of subsection B of Section 6201 of Title 74 of the Oklahoma
848	1425		Statutes contains such a n ursing care component;
849		-
850	1426		11. "Specialized facility " means any home, establishment, o r
851	1427		institution which offers or provides inpatient long -term care
852	1428		services on a twenty -four-hour basis to a limited category of
853	1429		persons requiring such services, including but not limited to a
854	1430		facility providing health or habilitation ser vices for individuals
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855	1457		with intellectual or developmental disabilities, but does not mean,
856	1458		for purposes of Section 1 -851.1 of this title, a facility
857	1459		constructed or operat ed by an entity described in paragraph 7 of
858	1460		subsection B of Section 6201 of Title 74 of the Oklahoma Statute s or
859	1461		the nursing care component of a continuum of care facility, as such
860	1462		term is defined under the Continu um of Care and Assisted Living Act,
861	1463		to the extent that the facility constructed or operated by an entity
862	1464		described in paragraph 7 of subsection B of S ection 6201 of Title 74
863	1465		of the Oklahoma Statutes contains such a nursing care component;
864		-
865	1466		12. "Residential care home" means any home, establishment, or
866	1467		institution licensed pursuant to the provisions of the Residential
867	1468		Care Act other than a hotel, motel, f raternity or sorority house, or
868	1469		college or university dormitory, which offers or provides
869	1470		residential accommodations, food service, and supportive a ssistance
870	1471		to any of its residents or houses any resident requiring supportive
871	1472		assistance. The residents sha ll be persons who are ambulatory and
872	1473		essentially capable of managing their own affairs, but who do not
873	1474		routinely require nursing care; provided, the term "residential care
874	1475		home" residential care home shall not mean a hotel, motel,
875	1476		fraternity or sorority ho use, or college or university dormitory, if
876	1477		the facility operates in a manner customary to its description and
877	1478		does not house any person who require s supportive assistance f rom
878	1479		the facility in order to meet an adequate level of daily l iving;
879	1480
880		-	ENR. S. B. NO. 1709 Page 21
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881	1505
882	1506		13. "Licensee" means the person, a corporation, partnership, or
883	1507		association who is the owner of the facility which is licensed by
884	1508		the Department pursuant to the provisions of the Nursing Home Care
885	1509		Act;
886		-
887	1510		14. "Maintenance" means meals, shelter, and l aundry services;
888		-
889	1511		15. "Neglect" means failure to provide goods and/or services
890	1512		necessary to avoid physical harm, mental anguish , or mental illness;
891		-
892	1513		16. "Owner" means a person, corporation, part nership,
893	1514		association, or other entity which owns a facility or leases a
894	1515		facility. The person or entity that stands to profit or lose as a
895	1516		result of the financial success or fail ure of the operation shall be
896	1517		presumed to be the owne r of the facility. Notwi thstanding the
897	1518		foregoing, any nonstate governmental entity tha t has acquired and
898	1519		owns or leases a facility and that has entered into an agreement
899	1520		with the Oklahoma Health Care Authority to participate in the
900	1521		nursing facility supple mental payment program ("UPL Owner") (UPL
901	1522		Owner) shall be deemed the owner of such faci lity and shall be
902	1523		authorized to obtain management services from a management services
903	1524		provider ("UPL Manager") (UPL Manager), and to delegate, allocate,
904	1525		and assign as between the UPL Owner and U PL Manager, compensation,
905	1526		profits, losses, liabilities, decisi on-making authority, and
906	1527		responsibilities, incl uding responsibility for the employment,
907	1528		direction, supervision , and control of the facility 's administrator
908	1529		and staff;
909	1530
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910	1556		17. "Personal care" means assistance with meals, dressing,
911	1557		movement, bathing or other pe rsonal needs or maintenance, or general
912	1558		supervision of the physical and mental well -being of a person, who
913	1559		is incapable of maintaining a priva te, independent residence, or who
914	1560		is incapable of managing his or her person, whether or not a
915	1561		guardian has been appointed for such person;
916		-
917	1562		18. "Resident" means a person residing in a facility due to
918	1563		illness, physical or mental infirmity, or advanced age;
919		-
920	1564		19. "Representative of a resident" means a court-appointed
921	1565		guardian or, if there is no court -appointed guardian, the parent of
922	1566		a minor, a relative, or other pe rson, designated in writing by the
923		-
924		-	ENR. S. B. NO. 1709 Page 22
925	1567		resident; provided, that any owner, operator, administrator , or
926	1568		employee of a facility subject to the provisions of the Nursing Home
927	1569		Care Act, the Residential Care Act, or th e Group Homes for the
928	1570		Developmentally Disabled or Physically Handicapped Persons with
929	1571		Developmental or Physical Disabilities Act shall not be appointed
930	1572		guardian or limited guardian of a resident of the facility unless
931	1573		the owner, operator, administrator , or employee is the spouse of the
932	1574		resident, or a relative of the resident within the second degree of
933	1575		consanguinity and is otherwise eligible for appointment; and
934		-
935	1576		20. "Supportive assistance" means the service rendered to any
936	1577		person which is less than the ser vice provided by a nursing facility
937	1578		but which is sufficient to enable the person to meet an adequate
938	1579		level of daily living. Supportive assistance includ es but is not
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	1605	+
939	1606		limited to housekeeping, as sistance in the preparation of meals,
940	1607		assistance in the safe s torage, distribution, and administration of
941	1608		medications, and assistance in personal care as is necessary for the
942	1609		health and comfort of such pe rson. Supportive assistance shall not
943	1610		include medical service.
944		-
945	1611		SECTION 9. AMENDATORY 63 O.S. 2021, Section 1 -1911, is
946	1612		amended to read as follows:
947		-
948	1613		Section 1-1911. A. 1. Every building, institution, or
949	1614		establishment for which a license has been issued, including any
950	1615		facility operated by the Oklahoma Department of Veterans Affairs,
951	1616		shall be periodically inspected by a duly appointed repr esentative
952	1617		of the State Department of Health, pursuant to rules promulgated by
953	1618		the State Board Commissioner of Health with the advice and counsel
954	1619		of the Long-Term Care Facility Advisory Board, created in Secti on 1-
955	1620		1923 of this title.
956		-
957	1621		2. Inspection reports shall be prepared on forms prescribed by
958	1622		the Commissioner with the advice and counsel of the Advisory Boa rd.
959		-
960	1623		B. 1. The Department, whenever it d eems necessary, shall
961	1624		inspect, survey, and evaluate every faci lity, including any facility
962	1625		operated by the Oklahoma Department of Veterans Affairs, to
963	1626		determine compliance with applicable licensure and ce rtification
964	1627		requirements and standards. All inspect ions of facilities shall be
965	1628		unannounced. The Department may h ave as many unannounced
966	1629		inspections as it deems necessary.
967	1630
968		-	ENR. S. B. NO. 1709 Page 23
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969	1655
970	1656		2. The Department shall conduct at least one unannounced
971	1657		inspection per calendar year of all nursing facilities operated by
972	1658		the Oklahoma Department of Veterans Affairs.
973		-
974	1659		3. Any employee of the Sta te Department of Health who discloses
975	1660		to any unauthorized person, prior to an inspection, information
976	1661		regarding an unannounced nursing home in spection required pursuant
977	1662		to the provisions of this section shall, upon conviction thereof, be
978	1663		guilty of a misdemeanor. In addition, such action shall be
979	1664		construed to be a misuse of office and punishable as a violation of
980	1665		rules promulgated by the Ethics Commission.
981		-
982	1666		4. a. The Department may periodically vi sit a facility for
983	1667		the purpose of consultation and may notify the
984	1668		facility in advance of such a visit. An in spection,
985	1669		survey, or evaluation, other than an inspection of
986	1670		financial records or a consultatio n visit, shall be
987	1671		conducted without prior notice to the facility.
988		-
989	1672		b. One person shall be invited by the Department from a
990	1673		statewide organization of the elderly to act as a
991	1674		citizen observer in unannounced inspections. The
992	1675		individual may be a state or local ombudsman as
993	1676		defined by the Aging Services Division of the
994	1677		Department of Human Services, acting pursuant to the
995	1678		provisions of the Older Americans Act of 1965, P ublic
996	1679		Law No. 89-73, 42 U.S.C.A., Section 3001 et seq., as
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997	1706		amended a representative of a statew ide organization
998	1707		of the elderly or a representative of the Office of
999	1708		the State Long-Term Care Ombudsman.
1000		-
1001	1709		c. The citizen observer shall be reimbursed for expenses
1002	1710		in accordance with the provisions of the State Travel
1003	1711		Reimbursement Act.
1004		-
1005	1712		d. An employee of a state or uni t of a local government
1006	1713		agency, charged with inspecting, surveying, and
1007	1714		evaluating facilities, who aids , abets, assists,
1008	1715		conceals, or conspires with a facility administrator
1009	1716		or employee in violation of the provisions of the
1010	1717		Nursing Home Care Act shall be guilty, upon conviction
1011		-
1012		-	ENR. S. B. NO. 1709 Page 24
1013	1718		thereof, of a misdemeanor and shall be subject to
1014	1719		dismissal from employment.
1015		-
1016	1720		C. The Department shall hold open meetings, as pa rt of its
1017	1721		routine licensure survey, in each of the licensed facilities to
1018	1722		advise and to facilitate communi cation and cooperation between
1019	1723		facility personnel and the residents of facilities in their mutual
1020	1724		efforts to improve patient care. Administrators, em ployees of the
1021	1725		facility, residents, residents ' relatives, friends, residents '
1022	1726		representatives, and employees from appropriate state and federal
1023	1727		agencies shall be encouraged to attend these meetings to contribu te
1024	1728		to this process.
1025	1729
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1026	1755		D. 1. The Department shal l require periodic reports and shall
1027	1756		have access to books, records, and other documents maintained by the
1028	1757		facility to the extent necessary to imple ment the provisions of the
1029	1758		Nursing Home Care Act and the rules promulgated pursuant thereto.
1030		-
1031	1759		2. Any holder of a license or applicant for a license shall be
1032	1760		deemed to have given consent to any authorized officer, employee, or
1033	1761		agent of the Department to ent er and inspect the facility in
1034	1762		accordance with the provisions of the Nursing Home Care Act.
1035	1763		Refusal to permit said such entry or inspection, except for good
1036	1764		cause, shall constitute grounds for remedial action or
1037	1765		administrative penalty or both such action and penalty as provided
1038	1766		in the Nursing Home Care Act.
1039		-
1040	1767		E. The Department shall maintain a file on each facili ty in the
1041	1768		state. All conditions and practices not in compliance with
1042	1769		applicable standards shal l be specifically stated. If a violation
1043	1770		is corrected or is subject to an approved plan of correction, such
1044	1771		action shall be contained in the file. Upon receivi ng a written
1045	1772		request for a copy of the file documents, the Department shall send
1046	1773		a copy of the document to any person making the written request.
1047	1774		The Department may charge a reasonable fee for copying costs.
1048		-
1049	1775		SECTION 10. AMENDATORY 63 O.S. 2021, Section 1 -1941, is
1050	1776		amended to read as follows:
1051		-
1052	1777		Section 1-1941. All state agencies receiving complaints on, or
1053	1778		conducting surveys or inspections of, nursing home facilities shall
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1054	1805		forward complete copies of complaints or of inspection or surv ey
1055		-
1056		-	ENR. S. B. NO. 1709 Page 25
1057	1806		results to the Ombudsman Program of the Special Unit on Aging Office
1058	1807		of the State Long-Term Care Ombudsman.
1059		-
1060	1808		SECTION 11. AMENDATORY 63 O.S. 2021, Section 1 -1945, is
1061	1809		amended to read as follows:
1062		-
1063	1810		Section 1-1945. For purposes of the Long-term Care Security
1064	1811		Act:
1065		-
1066	1812		1. "Long-term care facility" means:
1067		-
1068	1813		a. a nursing facility, or specialized facility, or
1069	1814		residential care home as defined by Section 1-1902 of
1070	1815		this title,
1071		-
1072	1816		b. an adult day care cent er as defined by Section 1 -872
1073	1817		of this title,
1074		-
1075	1818		c. skilled nursing care provided in a distinct part of a
1076	1819		hospital as defined by Section 1 -701 of this title,
1077		-
1078	1820		d. an assisted living center as defined by Section 1-
1079	1821		890.2 of this title,
1080		-
1081	1822		e. the nursing care compone nt of a continuum of care
1082	1823		facility as defined u nder the Continuum of Care and
1083	1824		Assisted Living Act,
1084		-
1085	1825		f. the nursing care component of a life car e community as
1086	1826		defined by the Long-term Care Insurance Act, or
1087		-
1088	1827		g. a residential care home as defined by Section 1 -820 of
1089	1828		this title;
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1090	1854
1091	1855		2. "Ombudsman" means the individual employed by the Department
1092	1856		of Human Services Office of the Attorney General as the State Long-
1093	1857		Term Care Ombudsman;
1094		-
1095	1858		3. "Nurse aide" means any person who provides, for
1096	1859		compensation, nursing care or hea lth-related services to residents
1097	1860		in a nursing facility, a specialized facility, a residential care
1098	1861		home, continuum of care facility, assisted liv ing center, or an
1099		-
1100		-	ENR. S. B. NO. 1709 Page 26
1101	1862		adult day care center and who is not a licensed health professional.
1102	1863		Such term also means a ny person who provides such services to
1103	1864		individuals in their own homes as an employee or contract provider
1104	1865		of a home health or home care agency, or as a cont ract provider of
1105	1866		the Oklahoma State Plan Personal Care Program of the state Medicaid
1106	1867		program;
1107		-
1108	1868		4. "Employer" means any of the following facilities, ho mes,
1109	1869		agencies, or programs which are subject to the provisions of Section
1110	1870		1-1947 of this title:
1111		-
1112	1871		a. a nursing facility or specialized facility a s such
1113	1872		terms are defined in the Nursing Home Care Act,
1114		-
1115	1873		b. a residential care home as such term is defined by the
1116	1874		Residential Care Act,
1117		-
1118	1875		c. an adult day care center as such term is defined in
1119	1876		the Adult Day Care Act,
1120		-
1121	1877		d. an assisted living center as such term is defined by
1122	1878		the Continuum of Care and Assisted Living Act,
1123	1879
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1124	1905		e. a continuum of care facility as such term is defi ned
1125	1906		by the Continuum of Care and Assisted Living Act,
1126		-
1127	1907		f. a home health or home care agency,
1128		-
1129	1908		g. the Department of Human Services, in its capacit y as
1130	1909		an operator of any hospital or health care institution
1131	1910		or as a contractor with providers under the Oklahoma
1132	1911		State Plan Personal Care Program of the state Medicaid
1133	1912		program,
1134		-
1135	1913		h. a hospice agency as such term is define d in the
1136	1914		Oklahoma Hospice Licensing A ct,
1137		-
1138	1915		i. a Medicaid home- and community-based services waivered
1139	1916		provider as defined in Section 1915(c) or 1915(i) o f
1140	1917		the Federal federal Social Security Act,
1141		-
1142		-
1143		-	ENR. S. B. NO. 1709 Page 27
1144	1918		j. a staffing agency with a contracted relationship to
1145	1919		provide staff with direct patient access to s ervice
1146	1920		recipients of one or more of the other employers
1147	1921		listed in this paragraph, and
1148		-
1149	1922		k. an independent contracto r where the independent
1150	1923		contractor has a contracted relationship to provide
1151	1924		staff or services with direct patient access to
1152	1925		service recipients for one or more of the employers
1153	1926		listed in this paragraph;
1154		-
1155	1927		5. "Home health or home care agency " means any person,
1156	1928		partnership, association, corporation , or other organization which
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1157	1955		administers, offers, or provides health care services or supportive
1158	1956		assistance for compensation to three or more ill, disabled, or
1159	1957		infirm persons in the temporary or permanent residence o f such
1160	1958		persons, and includes any subunits or branch offices of a parent
1161	1959		home health or home care agency;
1162		-
1163	1960		6. "Bureau" means the Oklahoma State Bureau of Investigation;
1164		-
1165	1961		7. "FBI" means the Federal Bureau of Investigation;
1166		-
1167	1962		8. "Applicant" means an individual who applies for employment
1168	1963		with an employer, applies to work as an independent contractor to a n
1169	1964		employer, applies to provide services to servi ce recipients through
1170	1965		the granting of clinical privileges by a n employer, or applies to a
1171	1966		nurse aide scholarship program;
1172		-
1173	1967		9. "Direct patient access " means access to a service recipient
1174	1968		of an employer, through employmen t, independent contract, or the
1175	1969		granting of clinical privileges, in which the performance of duties
1176	1970		involves, or may involve one -on-one contact with a service recipient
1177	1971		of the employer on an ongoing basis. The term shall include access
1178	1972		to a service recipient's property, medical information , or financial
1179	1973		information. The term does not include a volunte er unless the
1180	1974		volunteer has duties that are equival ent to the duties of a direct
1181	1975		patient access employee and those duties involve one -on-one contact
1182	1976		with a service recipient of an employer, with out line-of-sight
1183	1977		supervision by employer staff;
1184	1978
1185		-
1186		-	ENR. S. B. NO. 1709 Page 28
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1187	2004		10. "Independent contract" means a contract entered into by an
1188	2005		employer with an individual who provides the contracted services
1189	2006		independently or a contract en tered into by an employer with an
1190	2007		organization or agency that employs or contracts with an individual
1191	2008		after complying with the requirements of this section to pr ovide the
1192	2009		contracted services to the employer on behalf of the organization or
1193	2010		agency;
1194		-
1195	2011		11. "Medicare" means benefits under the Federal Medicar e
1196	2012		Program established under Title XVIII of the Social Security Act,
1197	2013		Title 42 of the United States Code, Sections 1395 to 1395hhh;
1198		-
1199	2014		12. "Registry screening" means a review of those registries
1200	2015		identified in subsection D of Section 1-1947 of this title;
1201		-
1202	2016		13. "Department" means the State Department of Health;
1203		-
1204	2017		14. "Nurse aide scholarship program " means a nurse aide
1205	2018		training program operated under contract with the Oklahoma Health
1206	2019		Care Authority for the purpose of providing f ree training to
1207	2020		prospective nurse aid es in exchange for employment in a SoonerCare
1208	2021		contracted facility; and
1209		-
1210	2022		15. "Service recipient" means a patient, resident, participant,
1211	2023		consumer, client, or member receiving services from an employer.
1212		-
1213	2024		SECTION 12. AMENDATORY 63 O.S. 2021, Section 330.58, as
1214	2025		amended by Section 6, Chapter 271, O .S.L. 2023, and as renumbered by
1215	2026		Section 14, Chapter 271, O.S.L. 2023 (63 O.S. Supp. 2023, Section 1 -
1216	2027		1949.4), is amended to read as follows:
1217	2028
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1218	2054		Section 1-1949.4. The State Department of Health or, as
1219	2055		appropriate, the State Commissioner of Health shall:
1220		-
1221	2056		1. Develop and apply standards for approval of training and
1222	2057		education programs for long -term care administrators that meet the
1223	2058		accreditation standards of the National Association of Long Term
1224	2059		Care Administrator Boards and approve or offer training and
1225	2060		education programs, or both, as described in subsection F o f Section
1226	2061		330.53 Section 1-1949.3 of this title;
1227		-
1228		-
1229		-	ENR. S. B. NO. 1709 Page 29
1230	2062		2. Develop, impose, and enforce standards which must be met by
1231	2063		individuals in order to receiv e a license or certification as a
1232	2064		long-term care administrator , which standards shall be designed to
1233	2065		ensure that long-term care administrators will be individuals who
1234	2066		are of good character and are otherwise s uitable, and who, by
1235	2067		training or experience in t he field of institutional administration,
1236	2068		are qualified to ser ve as long-term care administrators;
1237		-
1238	2069		3. Develop and apply appropriate techniques, including
1239	2070		examinations and investigations, for determining whether an
1240	2071		individual meets such standards;
1241		-
1242	2072		4. Issue licenses or certifications to individuals determined,
1243	2073		after the application of such techniques, to meet such st andards.
1244	2074		The Department may deny an initial application, deny a renewal
1245	2075		application, and revok e or suspend licenses or certifications
1246	2076		previously issued by the Department in any case where the individual
1247	2077		holding any such license or certification is determi ned
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1248	2104		substantially to have failed to conform to the requirements of such
1249	2105		standards. The Department may als o warn, censure, impose
1250	2106		administrative fines, or use other remedies that may be considered
1251	2107		to be less than revocation and suspension. Administrative fines
1252	2108		imposed pursuant to this section shall not exceed One Thousand
1253	2109		Dollars ($1,000.00) per vi olation. The Department shall consider
1254	2110		the scope, severity, and repetition of the violation and any
1255	2111		additional factors deemed appropriate by the Department when issuing
1256	2112		a fine. The Department may utilize one or more administrative law
1257	2113		judges to conduct administrati ve proceedings;
1258		-
1259	2114		5. Establish and car ry out procedures designed to ensure that
1260	2115		individuals licensed or certified as long -term care administrators
1261	2116		will, during any period that they serve as such, comply with the
1262	2117		requirements of such standards;
1263		-
1264	2118		6. Receive, investigate, and take appropriate act ion with
1265	2119		respect to any charge or complaint filed with the Dep artment to the
1266	2120		effect that any individual licensed as a long-term care
1267	2121		administrator has failed to comply with the requirements of such
1268	2122		standards. The long-term care ombudsman program of the Ag ing
1269	2123		Services Division of the Department of Human Services Office of the
1270	2124		State Long-Term Care Ombudsman shall be notified of all complaint
1271	2125		investigations of the Department so that they may be present at any
1272		-
1273		-	ENR. S. B. NO. 1709 Page 30
1274	2126		such complaint investigation for the purpose of re presenting long-
1275	2127		term care facility consumers;
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1276	2153
1277	2154		7. Receive and take appropriate action on any complaint or
1278	2155		referral received by the Department from the Department of Human
1279	2156		Services or any other regulatory agency. A comp laint shall not be
1280	2157		published on the website of the Department unless there is a finding
1281	2158		by the Department that the complaint has merit. The Commissio ner
1282	2159		shall promulgate rules that include, but are not limited to,
1283	2160		provisions for:
1284		-
1285	2161		a. establishing a complaint review process,
1286		-
1287	2162		b. creating a formal complaint file,
1288		-
1289	2163		c. establishing a protocol for investigatio n of
1290	2164		complaints, and
1291		-
1292	2165		d. establishing an independent informal dispute
1293	2166		resolution process in accordance with Section 9 1-
1294	2167		1949.7 of this act title;
1295		-
1296	2168		8. Enforce the provisions of this act the Long-Term Care
1297	2169		Administrator Licensing Act against all persons who a re in violation
1298	2170		thereof including, but not limited to, individuals who are
1299	2171		practicing or attempting to practice as long -term care
1300	2172		administrators without proper authorization from the Department;
1301		-
1302	2173		9. Conduct a continuing study and investigation of long -term
1303	2174		care facilities and administrators of long -term care facilities
1304	2175		within the state with a view toward the improvement of the standards
1305	2176		imposed for the licensi ng or certifying of such administrato rs and
1306	2177		of procedures and methods for the enforcement of such s tandards with
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1307	2204		respect to administrators of long -term care facilities who have been
1308	2205		licensed or certified;
1309		-
1310	2206		10. Cooperate with and provide assistan ce when necessary to
1311	2207		state regulatory agencies i n investigations of complaints;
1312		-
1313	2208		11. Develop a code of ethics for long-term care administrators
1314	2209		which includes, but is not limited to, a statement that
1315	2210		administrators have a fiduciary duty to the facility and cannot
1316		-
1317		-	ENR. S. B. NO. 1709 Page 31
1318	2211		serve as guardian of the person or of th e estate, or hold a durable
1319	2212		power of attorney or power of atto rney for any resident of a
1320	2213		facility of which they a re an administrator;
1321		-
1322	2214		12. Report a final adverse action against a long -term care
1323	2215		administrator to the Healthcare Integrity and Protection Data Bank
1324	2216		pursuant to federal regulatory requirements;
1325		-
1326	2217		13. Refer completed investigations to the proper law
1327	2218		enforcement authorities for prosecution of criminal activities;
1328		-
1329	2219		14. Impose administrative fines, in an amount to b e determined
1330	2220		by the Commissioner, aga inst persons who do not comply with the
1331	2221		provisions of this act the Long-Term Care Administrator Licensing
1332	2222		Act or the rules adopted by the Commissioner. Administrative fines
1333	2223		imposed pursuant to this section s hall not exceed One Thousand
1334	2224		Dollars ($1,000.00) per violation. The Department shall consider
1335	2225		the scope, severity, and repetition of the violation and any
1336	2226		additional factors deemed appropriate by the Department when issuing
1337	2227		a fine;
1338	2228
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1339	2254		15. Assess the costs of the heari ng process, including attorney
1340	2255		fees;
1341		-
1342	2256		16. Grant short-term provisional licenses to individuals who do
1343	2257		not meet all of the licensing requirements, prov ided the individual
1344	2258		obtains the services of a currently licensed administrator to act as
1345	2259		a consultant and meets any additional criteria for a p rovisional
1346	2260		license established by the Commissioner;
1347		-
1348	2261		17. Promulgate rules governing the employment of assistant
1349	2262		administrators including, but not limited to, minimum
1350	2263		qualifications; and
1351		-
1352	2264		18. Employ such staff as may be necessary to carry out the
1353	2265		duties of this act the Long-Term Care Administrator Licensing Act .
1354		-
1355	2266		SECTION 13. AMENDATORY 63 O.S. 2021, Section 1-1950.4,
1356	2267		is amended to read as follows:
1357		-
1358	2268		Section 1-1950.4. A. 1. The State Dep artment of Health, in
1359	2269		conjunction with the Offic e of the State Long-term Care Ombudsman of
1360		-
1361		-	ENR. S. B. NO. 1709 Page 32
1362	2270		the Department of Human Services, shall develop a uniform employment
1363	2271		application to be used in the hiring of nurse aide staff by a
1364	2272		nursing facility or a specialized facility as such terms are defined
1365	2273		in the Nursing Home Care Act, a residential care home, as such term
1366	2274		is defined by the Residential Care Act, an assisted living center as
1367	2275		such term is defined by the Continuum of Care and Assisted Living
1368	2276		Act, a continuum of care facility as defined by the Continuum of
1369	2277		Care and Assisted Living Act, a hospice inpatient facility or
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1370	2304		program providing hospice services as such terms are defined by the
1371	2305		Oklahoma Hospice Licensing Act, an adult day care center as such
1372	2306		term is defined by the Ad ult Day Care Act, and a home care age ncy as
1373	2307		defined by the Home Care Act. Such uniform application shall be
1374	2308		used as the only application for employme nt of nurse aides in such
1375	2309		facilities on and after January 1, 2001.
1376		-
1377	2310		2. Nothing in this section shall prohibit the State Department
1378	2311		of Health or any other state agency from requiring applicants for
1379	2312		any position in the classified service to be certified by t he state
1380	2313		using the State of Oklahoma Employment Application employment
1381	2314		application.
1382		-
1383	2315		B. The uniform employ ment application shall be designed to
1384	2316		gather all pertinent information for entry into the nurse aid e
1385	2317		registry maintained by the State Department of He alth. The uniform
1386	2318		application shall also contain:
1387		-
1388	2319		1. A signature from the applicant to confir m or deny any
1389	2320		previous felony conviction;
1390		-
1391	2321		2. A release statement for the applicant to sign giving the
1392	2322		State Department of Health and the Oklahoma State Bureau o f
1393	2323		Investigation the authority to proceed with the state or national
1394	2324		criminal history record checks; and
1395		-
1396	2325		3. Such other information deemed neces sary by the Department.
1397		-
1398	2326		C. The Department shall provide imple mentation training on the
1399	2327		use of the uniform employ ment application.
1400	2328
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1401	2354		SECTION 14. AMENDATORY 63 O.S. 2021, Section 1 -2212, is
1402	2355		amended to read as follows:
1403		-
1404		-
1405		-	ENR. S. B. NO. 1709 Page 33
1406	2356		Section 1-2212. As used in the Long-Term Care Ombudsman Act:
1407		-
1408	2357		1. "Office" means the Office of the State Long -Term Care
1409	2358		Ombudsman. For purposes of the Long -Term Care Ombudsman Act, any
1410	2359		area or local ombudsman entity designated by the State Long-Term
1411	2360		Care Ombudsman shall be deemed to be a subdivision of this Office;
1412		-
1413	2361		2. "State Long-Term Care Ombudsman" means the individual
1414	2362		employed by the Department of Human Services Office of the Attorney
1415	2363		General to be the chief administrative o fficer head of the Office;
1416		-
1417	2364		3. "Department" means the Department of Human Services ;
1418		-
1419	2365		4. 3. "Representative" means the State Long -Term Care
1420	2366		Ombudsman, and any state, area , or local long-term care ombudsman
1421	2367		designated by the State Long -Term Care Ombudsman, whether paid or
1422	2368		unpaid; and
1423		-
1424	2369		5. 4. "Resident" means any person residing in a long -term care
1425	2370		facility.
1426		-
1427	2371		SECTION 15. AMENDATORY 63 O.S. 2021, Section 1 -2213, is
1428	2372		amended to read as follows:
1429		-
1430	2373		Section 1-2213. A. There is hereby created within the
1431	2374		Department of Human Services Office of the Attorney General the
1432	2375		Office of the State Long -Term Care Ombudsman. The Office, under the
1433	2376		auspices and general direction of the State Long -Term Care
1434	2377		Ombudsman, shall carry out a long -term care ombudsman program in
	2378	+
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1435	2404		accordance with the Older America ns Act of 1965, as amended, and in
1436	2405		accordance with federal reg ulations issued pursuant to the Older
1437	2406		Americans Act or as provided by the Long -Term Care Ombudsman Act.
1438		-
1439	2407		B. The State Long-Term Care Ombudsman shall, personally or
1440	2408		through representatives of the Office:
1441		-
1442	2409		1. Identify, investigate , and resolve complaints tha t:
1443		-
1444	2410		a. are made by, or on behalf of, re sidents, and
1445		-
1446	2411		b. relate to action, inaction , or decisions, of:
1447		-
1448		-
1449		-	ENR. S. B. NO. 1709 Page 34
1450	2412		(1) providers, or representatives of provide rs, of
1451	2413		long-term care services,
1452		-
1453	2414		(2) public agencies, or
1454		-
1455	2415		(3) health and social service agencies,
1456		-
1457	2416		that may adversely affect the health, safety, welfare , or rights of
1458	2417		the residents;
1459		-
1460	2418		2. Provide services to assist the residents in protecting their
1461	2419		health, safety, welfare, and rights;
1462		-
1463	2420		3. Inform residents abou t means of obtaining services offered
1464	2421		by providers or agencies ;
1465		-
1466	2422		4. Ensure that the residents have r egular and timely access to
1467	2423		the services provided through the Office;
1468		-
1469	2424		5. Ensure that the residents and co mplainant receive timely
1470	2425		responses from the Office and representatives of the Office
1471	2426		regarding complaints;
1472	2427
	2428	+	ENGR. H. A. to ENGR. S. B. NO. 1709 Page 49 1
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1473	2453		6. Represent the interests of residents be fore governmental
1474	2454		agencies and seek administrative, legal , and other remedies to
1475	2455		protect the health, safety, welfare, and rights of the residents;
1476		-
1477	2456		7. Provide administrative and technical assistance to area or
1478	2457		local ombudsman entities to assist the entitie s in participating in
1479	2458		the State Long-Term Care Ombudsman Program;
1480		-
1481	2459		8. a. analyze, comment on, and monitor the development and
1482	2460		implementation of federal, stat e, and local laws,
1483	2461		rules, and other government policies and ac tions that
1484	2462		pertain to the health, safe ty, welfare, and rights of
1485	2463		the residents, with respect to the adequacy of long -
1486	2464		term care facilities and services in this state,
1487		-
1488	2465		b. recommend any changes in such laws, rules, policies,
1489	2466		and actions as the Office determin es to be
1490	2467		appropriate, and
1491		-
1492		-
1493		-	ENR. S. B. NO. 1709 Page 35
1494	2468		c. facilitate public comment on the laws, rules,
1495	2469		policies, and actions;
1496		-
1497	2470		9. a. provide for training representatives of the Office,
1498		-
1499	2471		b. promote the development of citizen organizations, to
1500	2472		participate in the State Long -Term Care Ombudsman
1501	2473		Program, and
1502		-
1503	2474		c. provide technical support for the development of
1504	2475		resident and family councils to protect the well -being
1505	2476		and rights of residents; and
1506	2477
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1507	2503		10. Carry out such other activities as the Commission for Human
1508	2504		Services Attorney General determines to be appropriate.
1509		-
1510	2505		C. 1. In carrying out the duties of the Office, the State
1511	2506		Long-Term Care Ombudsman may designate an entity as an area or local
1512	2507		Ombudsman entity, an d may designate an employ ee or volunteer to
1513	2508		represent the entity.
1514		-
1515	2509		2. An individual so designated shall, in accor dance with the
1516	2510		policies and procedures established by the Office and Commission for
1517	2511		Human Services the Attorney General, carry out such duties and
1518	2512		activities as require d by the State Long-Term Care Ombudsman
1519	2513		pursuant to the author ity granted by the Long -Term Care Ombudsman
1520	2514		Act and rules promulgated by the Commission Attorney General
1521	2515		thereto.
1522		-
1523	2516		3. Entities eligible to b e designated as area or local
1524	2517		Ombudsman entities, and individuals eligible to be designated as
1525	2518		representatives of su ch entities, shall:
1526		-
1527	2519		a. have demonstrated capability to carry out the
1528	2520		responsibilities of the Office,
1529		-
1530	2521		b. be free of conflicts of i nterest,
1531		-
1532	2522		c. in the case of the entities, be public or nonprofit
1533	2523		private entities, and
1534		-
1535		-
1536		-	ENR. S. B. NO. 1709 Page 36
1537	2524		d. meet such additional requirements as t he Ombudsman may
1538	2525		specify.
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1539	2551
1540	2552		D. 1. In accordance with the Older Americans Act of 1965, as
1541	2553		amended, and in accordance with federal regulations issued pursuant
1542	2554		thereto, or as otherwise provided by the Long-Term Care Ombudsman
1543	2555		Act, the State Long-Term Care Ombudsman and representatives of the
1544	2556		Office shall have:
1545		-
1546	2557		a. access to long-term care facilities and residents,
1547		-
1548	2558		b. (1) access to review the medical and social records
1549	2559		of a resident, if:
1550		-
1551	2560		(a) the representative of the Office has the
1552	2561		permission of the resident, or the legal
1553	2562		representative of the r esident, or
1554		-
1555	2563		(b) the resident is unable to consent to the
1556	2564		review and has no legal representative and
1557	2565		the representative of the Office ob tains the
1558	2566		approval of the State Long-Term Care
1559	2567		Ombudsman, or
1560		-
1561	2568		(2) access to the records as is necessary to
1562	2569		investigate a complaint if:
1563		-
1564	2570		(a) a legal guardian of the resident refuses to
1565	2571		give the permission,
1566		-
1567	2572		(b) a representative of the Office has
1568	2573		reasonable cause to believe that the
1569	2574		guardian is not acting in the best interests
1570	2575		of the resident, and
1571	2576
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1572	2602		(c) the representative obtains t he approval of
1573	2603		the State Long-Term Care Ombudsman,
1574		-
1575	2604		c. access to the administrative records, policies , and
1576	2605		documents, to which the resid ents have, or the general
1577	2606		public has access, of long-term care facilities, and
1578		-
1579		-
1580		-	ENR. S. B. NO. 1709 Page 37
1581	2607		d. access to copies of all licensing and c ertification
1582	2608		records maintained by the Department Office of the
1583	2609		Attorney General or any other agency of this state
1584	2610		with respect to long-term care facilities.
1585		-
1586	2611		2. For purposes of this subsection, the term "Representative of
1587	2612		the Office" "representative of the Office" shall not include any
1588	2613		unpaid or volunteer state, area, or local ombudsman.
1589		-
1590	2614		SECTION 16. AMENDATORY 63 O.S. 2021, Section 1-2214, is
1591	2615		amended to read as follows:
1592		-
1593	2616		Section 1-2214. A. For purposes of the The Governmental Tort
1594	2617		Claims Act, any state, area , or local long-term care ombudsman shall
1595	2618		be deemed to be an employee of this state and as such shall not b e
1596	2619		personally liable for any act or omission made within the "scope of
1597	2620		employment", as such term is defined by the The Governmental Tort
1598	2621		Claims Act.
1599		-
1600	2622		B. 1. The Department of Human Services Office of the Attorney
1601	2623		General shall assure that adequate legal cou nsel is available to the
1602	2624		Office of the State Long-Term Care Ombudsman for the advice an d
1603	2625		consultation needed to protect the health, safety, welfare , and
	2626	+
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1604	2652		rights of residents, and that legal representation is provided to
1605	2653		any representative of the Office:
1606		-
1607	2654		a. against whom suit or other legal action is brought in
1608	2655		connection with any act or omissi on of a
1609	2656		representative made within the scope of employment, or
1610		-
1611	2657		b. to assist the ombudsman and representatives of the
1612	2658		Office in the performance of their official duties.
1613		-
1614	2659		2. The provisions of this section shall not be construed to
1615	2660		require or authorize any l egal counsel provided by the Department of
1616	2661		Human Services Office of the Attorney General to represent any
1617	2662		resident of a nursing facility in an individual capacity.
1618		-
1619	2663		SECTION 17. AMENDATORY 63 O.S. 2021, Section 1-2216, is
1620	2664		amended to read as follows:
1621		-
1622		-
1623		-	ENR. S. B. NO. 1709 Page 38
1624	2665		Section 1-2216. A. The Commission for Human Services Attorney
1625	2666		General shall promulgate rules regarding:
1626		-
1627	2667		1. The powers and official duties of the Stat e Long-Term Care
1628	2668		Ombudsman consistent with applicable federal law and rules or as
1629	2669		provided by the Long-Term Care Ombudsman Act;
1630		-
1631	2670		2. Minimum qualifications for persons to serve as
1632	2671		representatives of the Office of the State Long -Term Care Ombudsman;
1633		-
1634	2672		3. Initial and continuing traini ng requirements for ombudsman
1635	2673		staff and volunteers wh ich shall provide for a minimum of eighteen
1636	2674		(18) hours of continuing education relevant to the care of the aging
1637	2675		and disabled;
1638	2676
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1639	2702		4. The minimum number of visits that must be made by an
1640	2703		ombudsman to the assigned facilities;
1641		-
1642	2704		5. The proper documentation and r eporting of visits made to
1643	2705		facilities by the ombudsman;
1644		-
1645	2706		6. Procedures to ensure that officers, employees , or other
1646	2707		representatives of the Office are not subject to a conflict of
1647	2708		interest which would imp air their ability to carry out their
1648	2709		official duties in an impartial manner; and
1649		-
1650	2710		7. The disclosure by the State Long -Term Care Ombudsman or area
1651	2711		or local Ombudsman entities of files maintained by the State Long -
1652	2712		Term Care Ombudsman Program. Such rules sha ll:
1653		-
1654	2713		a. provide that such files and records may be dis closed
1655	2714		only at the discretion of the State Long -Term Care
1656	2715		Ombudsman or the person designated by the State Long -
1657	2716		Term Care Ombudsman to disclose the files and records,
1658	2717		and
1659		-
1660	2718		b. prohibit the disclosure of the identity of any
1661	2719		complainant or resident with respect to whom the
1662	2720		Office maintains such files or records unless:
1663		-
1664	2721		(1) the complainant or resident, or the legal
1665	2722		representative of the complainant or resident,
1666		-
1667		-	ENR. S. B. NO. 1709 Page 39
1668	2723		consents to the disclosur e and the consent is
1669	2724		given in writing,
1670	2725
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1671	2751		(2) (a) the complainant or resident giv es consent
1672	2752		orally, and
1673		-
1674	2753		(b) the consent is documented contemporaneously
1675	2754		in a writing made by a State Long -Term Care
1676	2755		Ombudsman representative of the Office in
1677	2756		accordance with such rules as the Commission
1678	2757		Attorney General shall promulgate, or
1679		-
1680	2758		(3) the disclosure is required by court order.
1681		-
1682	2759		B. The Oklahoma State Council on Aging and Adult Protective
1683	2760		Services, established by the Commission for Human Services Attorney
1684	2761		General to review, monitor, and evaluate programs targeted to older
1685	2762		persons, shall serve in an a dvisory capacity to the State Long -Term
1686	2763		Care Ombudsman through establishment of a committee with equal
1687	2764		provider and consumer representation.
1688		-
1689		-	SECTION 18. This act shall become effective November 1, 2024.
1690		-
1691		-
1692		-
1693		-
1694		-	ENR. S. B. NO. 1709 Page 40
1695		-	Passed the Senate the 20th day of May, 2024.
	2765	+	SECTION 18. This act shall become effective No vember 1, 2024."
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	2794	+	Passed the House of Representatives the 25th day of April, 2024.
	2795	+
	2796	+
	2797	+
	2798	+
	2799	+
	2800	+	Presiding Officer of the House of
	2801	+	Representatives
	2802	+
	2803	+
	2804	+	Passed the Senate the ____ day of _______ ___, 2024.
	2805	+
	2806	+
1696	2807
1697	2808
1698	2809
1699	2810		Presiding Officer of the Senate
1700	2811
1701	2812
1702		-	Passed the House of Representatives the 25th day of April, 2024.
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	2838	+	ENGROSSED SENATE
	2839	+	BILL NO. 1709 By: Rosino and Pederson of the
	2840	+	Senate
	2841	+
	2842	+	and
	2843	+
	2844	+	Echols of the House
	2845	+
	2846	+
	2847	+
	2848	+	An Act relating to the Department of Human Services;
	2849	+	transferring the Office of Client Advocacy and the
	2850	+	Office of the State Long -Term Care Ombudsman from the
	2851	+	Department of Human Services t o the State Department
	2852	+	of Health; directing certain transfers; requiring the
	2853	+	Director of the Office of Management and Enterprise
	2854	+	Services to coordinate certain transfers; stipulating
	2855	+	procedures for transfer of administrat ive rules;
	2856	+	amending 10 O.S. 2021, S ection 1430.27, which relates
	2857	+	to inspection, investigation, survey , or evaluation
	2858	+	of group homes; conforming and updating language;
	2859	+	amending 10A O.S. 2021, Section 1 -9-112, which
	2860	+	relates to the Office of Client Advocacy; conforming,
	2861	+	updating, and clarifyin g language; removing certain
	2862	+	restriction on dismissal of personnel; modifying
	2863	+	qualifications of Advocate General; amending 10A O.S.
	2864	+	2021, Section 1-9-117, which relates to allegations
	2865	+	against Department of Human Services employees or
	2866	+	child-placing agency by foster parent; conforming and
	2867	+	updating language; amending Section 2, Chapter 123,
	2868	+	O.S.L. 2022 (43A O.S. Supp. 2023, Section 10 -115),
	2869	+	which relates to multidisciplinary elderly and
	2870	+	vulnerable adult abuse teams; conformin g and updating
	2871	+	language; amending 6 3 O.S. 2021, Sections 1 -829, 1-
	2872	+	1902, 1-1911, 1-1941, 1-1945, 330.58, as amended by
	2873	+	Section 6, Chapter 271, O.S.L. 2023, and as
	2874	+	renumbered by Section 14, Chapter 271, O.S.L. 2023,
	2875	+	1-1950.4, 1-2212, 1-2213, 1-2214, and 1-2216 (63 O.S.
	2876	+	Supp. 2023, Section 1 -1949.4), which relate to long -
	2877	+	term care; conforming, updating, and cl arifying
	2878	+	language; making language gender neutral; updating
	2879	+	statutory references; providing for codification; and
	2880	+	providing an effective date.
	2881	+
	2882	+
	2883	+
	2884	+	BE IT ENACTED BY THE PEOPLE OF THE STATE O F OKLAHOMA:
	2885	+
	2886	+	ENGR. S. B. NO. 1709 Page 2 1
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	2910	+
	2911	+	SECTION 19. NEW LAW A new section of law to be codified
	2912	+	in the Oklahoma Statutes as Section 1 -9-112a of Title 10A, unless
	2913	+	there is created a duplication in numbering, reads as follows:
	2914	+	A. Upon the effective date of this act, the Office of Client
	2915	+	Advocacy within the Department of Human Services shall transfer to
	2916	+	the State Department of Health . The Office of Client Advocacy and
	2917	+	the Advocate General shall continue to exercise th eir statutory
	2918	+	powers and duties.
	2919	+	B. All equipment, supplies, records, matters pending, assets,
	2920	+	future liabilities, fund balances, encumbrances, obligations,
	2921	+	indebtedness, and legal and contractual rights and responsibilities
	2922	+	of the Office of Client Advocacy shall be transferred to the State
	2923	+	Department of Health.
	2924	+	C. Any monies accruing to or in the name of the Office of
	2925	+	Client Advocacy on and after the effective date of this act, or any
	2926	+	monies that accrue in any funds or accounts or are maintained for
	2927	+	the benefit of the Office of Client Advocacy on an d after the
	2928	+	effective date of this act, shall be transferred to the State
	2929	+	Department of Health.
	2930	+	D. The Department of Human Services and the State Department of
	2931	+	Health may enter into an agreement for the transfer of perso nnel.
	2932	+	No employee shall be transfe rred to the State Department of Health
	2933	+	except on the freely given written consent of the employee. Any
	2934	+	employee who is transferred shall not be required to accept a lesser
	2935	+
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	2961	+	grade or salary than presently receiv ed. All employees shall retain
	2962	+	leave, sick, and annual time earned, and any retirement and
	2963	+	longevity benefits which have accrued during their tenure with the
	2964	+	Department of Human Services. The transfer of personnel between the
	2965	+	state agencies shall be coordinated wit h the Office of Management
	2966	+	and Enterprise Services.
	2967	+	E. The Director of the Office of Management and Enterprise
	2968	+	Services shall coordinate the transfer of funds, allotments,
	2969	+	purchase orders, and outstanding financial obligations or
	2970	+	encumbrances as provided for in this section.
	2971	+	F. Upon the effective date of this act, all administrative
	2972	+	rules promulgated by the Director of Human Services for the Office
	2973	+	of Client Advocacy shall be transferred to and become a part of the
	2974	+	administrative rules of the State Depart ment of Health. The Office
	2975	+	of Administrative Rules in the Office of the Secretary of State
	2976	+	shall provide adequate notice in “The Oklahoma Register ” of the
	2977	+	transfer of such rules and shall place the transferred rules under
	2978	+	the Oklahoma Administr ative Code title of the State Department of
	2979	+	Health. Such rules shall continue in force and effect as rules of
	2980	+	the State Department of Health from and after the effective date of
	2981	+	this act, and any amendment, repeal, or addition to the transferred
	2982	+	rules shall be under the jurisdiction of the State Comm issioner of
	2983	+	Health.
	2984	+
	2985	+	ENGR. S. B. NO. 1709 Page 4 1
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	3009	+
	3010	+	SECTION 20. NEW LAW A new section of law to be codified
	3011	+	in the Oklahoma Statutes as Section 1 -2213.1 of Title 63, unless
	3012	+	there is created a duplication in numbering, r eads as follows:
	3013	+	A. Upon the effective date o f this act, the Office of the State
	3014	+	Long-Term Care Ombudsman within the Department of Human Services
	3015	+	shall transfer to the State Department of Health. The Office of the
	3016	+	State Long-Term Care Ombudsman shall continue to ex ercise its
	3017	+	statutory powers and dut ies.
	3018	+	B. All equipment, supplies, records, matters pending, assets,
	3019	+	future liabilities, fund balances, encumbrances, obligations,
	3020	+	indebtedness, and legal and contractual rights and responsibilities
	3021	+	of the Office of the State Long-Term Care Ombudsman shall be
	3022	+	transferred to the State Department of Health.
	3023	+	C. Any monies accruing to or in the name of the Office of the
	3024	+	State Long-Term Care Ombudsman on and after the effective date of
	3025	+	this act, or any monies that accrue in any funds or accounts or are
	3026	+	maintained for the benefit of the Office on and after the effective
	3027	+	date of this act, shall be transferred to the State Department of
	3028	+	Health.
	3029	+	D. The Department of Human Services and the State Department of
	3030	+	Health may enter into an agreement for the transfer of per sonnel.
	3031	+	No employee shall be transferred to the State Department of Health
	3032	+	except on the freely given written consent of the employee. Any
	3033	+	employee who is transferred shall not be required to accept a lesser
	3034	+
	3035	+	ENGR. S. B. NO. 1709 Page 5 1
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	3060	+	grade or salary than presently received. All employees shall retain
	3061	+	leave, sick, and annual time earned, and any retirement and
	3062	+	longevity benefits which have accrued during their tenure with the
	3063	+	Department of Human Services. The transfer of personnel bet ween the
	3064	+	state agencies shall be coordinated w ith the Office of Management
	3065	+	and Enterprise Services.
	3066	+	E. The Director of the Office of Management and Enterprise
	3067	+	Services shall coordinate the transfer of funds, allotments,
	3068	+	purchase orders, and outstanding financial obl igations or
	3069	+	encumbrances as provide d for in this section.
	3070	+	F. Upon the effective date of this act, all administrative
	3071	+	rules promulgated by the Director of Human Services for the Office
	3072	+	of the State Long-Term Care Ombudsman shall be transferred t o and
	3073	+	become a part of the administrative rule s of the State Department of
	3074	+	Health. The Office of Administrative Rules in the Office of the
	3075	+	Secretary of State shall provide adequate notice in “The Oklahoma
	3076	+	Register” of the transfer of such rules and shall place the
	3077	+	transferred rules under the Oklahoma Administrative Code title of
	3078	+	the State Department of Health. Such rules shall continue in force
	3079	+	and effect as rules of the State Department of Health from and after
	3080	+	the effective date of this act, and any ame ndment, repeal, or
	3081	+	addition to the transferred rules shall be under the jurisdiction of
	3082	+	the State Commissioner of Health.
	3083	+
	3084	+	ENGR. S. B. NO. 1709 Page 6 1
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	3108	+
	3109	+	SECTION 21. AMENDATORY 10 O.S. 2021, Section 1430.27, is
	3110	+	amended to read as follows:
	3111	+	Section 1430.27. A. Every group home shall be inspected at
	3112	+	least annually by a duly appointed representative of the Department
	3113	+	of Human Services pursuant to rules promulgated by the Commission
	3114	+	for Human Services with the advice and counsel of the Group Homes
	3115	+	for Persons with Developmental or Physical Disabilities Advisory
	3116	+	Board established by Section 1430.4 of this title Director of Human
	3117	+	Services.
	3118	+	B. The Department shall at least annually and whenever it deems
	3119	+	necessary inspect, survey, and evaluate each group home to determine
	3120	+	compliance with applicable licensure and pro gram requirements and
	3121	+	standards.
	3122	+	C. Any inspection, investigation, survey, or evaluation may be
	3123	+	conducted without prior notice to the home. At least one inspection
	3124	+	per group home shall be unannounced. Any li censee or applicant for
	3125	+	a license shall be dee med to have given consent to any duly
	3126	+	authorized employee or agent of the Department to enter and inspect
	3127	+	the group home in accordance with the provisions of the Group Homes
	3128	+	for Persons with Developmental or Physical Disa bilities Act.
	3129	+	Refusal to permit su ch entry or inspection may constitute grounds
	3130	+	for the denial, nonrenewal, suspension, or revocation of a license.
	3131	+
	3132	+	ENGR. S. B. NO. 1709 Page 7 1
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	3157	+	D. The Department shall maintain a log, updated at least
	3158	+	monthly and available for public inspe ction, which shall at a
	3159	+	minimum detail:
	3160	+	1. The name of the group home and date of inspection,
	3161	+	investigation, survey, or evaluation;
	3162	+	2. Any deficiencies, lack of compliance, or violation noted at
	3163	+	the inspection, investigation, survey, or evaluation;
	3164	+	3. The date a notice of violation, license denial, nonrenewal,
	3165	+	suspension, or revocation was issued or other enforcement action
	3166	+	occurred;
	3167	+	4. Proposed dates for the resolution of deficiencies;
	3168	+	5. The date corrections were completed, as verified by an
	3169	+	inspection; and
	3170	+	6. If the inspection or investigation was made pursuant to the
	3171	+	receipt of a complaint, the date such complaint was received and the
	3172	+	date the group home was notified of the results of the inspection or
	3173	+	investigation.
	3174	+	E. The Department shall require periodic reports and shall have
	3175	+	access to books, records, and other documents maintained by the
	3176	+	group home to the extent necessary to implement the provisions of
	3177	+	the Group Homes for Persons with Developmental or Physical
	3178	+	Disabilities Act and the rules pr omulgated by the Commission for
	3179	+	Human Services Director pursuant thereto.
	3180	+
	3181	+	ENGR. S. B. NO. 1709 Page 8 1
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	3206	+	F. Any state or local ombudsman representative of the Office of
	3207	+	the State Long-Term Care Ombudsman within the State Department of
	3208	+	Health or a representative of the Office of Client Advocacy within
	3209	+	the State Department of Health having proper identification is
	3210	+	authorized to enter any group home licensed pursuant to the
	3211	+	provisions of the Group Homes for Persons with Developmental or
	3212	+	Physical Disabilities Act, communicate privately and without
	3213	+	unreasonable restriction with any resi dent of a group home who
	3214	+	consents to such communication, to seek consent to communicate
	3215	+	privately and without restriction with any resident of a group home,
	3216	+	and to observe all areas of a group home that directly pertain t o
	3217	+	the care of a resident of a group home.
	3218	+	G. All state agencies receiving complaints on, or conducting
	3219	+	surveys or inspections of , group homes shall forward complete copies
	3220	+	of complaints or inspection or survey results to the Office of
	3221	+	Client Advocacy of the Department of Human Services .
	3222	+	SECTION 22. AMENDATORY 10A O.S. 2021, Section 1 -9-112,
	3223	+	is amended to read as follows:
	3224	+	Section 1-9-112. A. 1. The Director of Human Services is
	3225	+	authorized and directed to State Commissioner of Hea lth shall
	3226	+	establish the Office of C lient Advocacy within the Department of
	3227	+	Human Services State Department of Health and to shall employ
	3228	+	personnel necessary to carry out the purposes of this section and
	3229	+
	3230	+	ENGR. S. B. NO. 1709 Page 9 1
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	3254	+
	3255	+	the duties listed in provisions of this section. Personnel may be
	3256	+	dismissed only for ca use.
	3257	+	2. The chief administrative officer head of the Office of
	3258	+	Client Advocacy shall be the Advocate General , who shall be an
	3259	+	attorney. The Advocate General shall be a member of the Oklahoma
	3260	+	Bar Association and shall ha ve a minimum of three (3) years ’
	3261	+	experience as an attorney. The compensation of the Advocate General
	3262	+	shall be no less than that of the classification of Attorney III as
	3263	+	established in the Merit System of Personnel Administration
	3264	+	classification and compensation plan, but shall be an unclass ified
	3265	+	position.
	3266	+	3. The duties and responsibilities of the Advocate General are
	3267	+	to:
	3268	+	a. supervise personnel assigned to the Office of Client
	3269	+	Advocacy,
	3270	+	b. monitor and review grievance procedures and hearings,
	3271	+	c. establish and maintain a fair, simple, and exp editious
	3272	+	system for resolution of grievances of:
	3273	+	(1) all children in the custody of the Department of
	3274	+	Human Services regarding:
	3275	+	(a) the substance or application of any written
	3276	+	or unwritten policy or rule of the
	3277	+	Department or agent of the Department, or
	3278	+
	3279	+	ENGR. S. B. NO. 1709 Page 10 1
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	3304	+	(b) any decision or action by an employee or
	3305	+	agent of the Department, or of any child in
	3306	+	the custody of the Department,
	3307	+	(2) foster parents relating to the provision of
	3308	+	foster care services pursuant to this section and
	3309	+	Section 1-9-117 of this title, and
	3310	+	(3) all persons receiving services from the
	3311	+	Developmental Disabilities Services Division of
	3312	+	the Department of Human Services,
	3313	+	d. investigate allegations of abuse, neglect, sexual
	3314	+	abuse, and sexual exploitation, as th ose terms are
	3315	+	defined in the Oklahoma Children ’s Code, by a person
	3316	+	responsible for a child, regardless of custody:
	3317	+	(1) residing outside their his or her own homes home
	3318	+	other than children in foster care or children in
	3319	+	the custody of the Office of Juvenile Affairs and
	3320	+	placed in an Office of Juvenile Af fairs secure
	3321	+	facility,
	3322	+	(2) in a day treatment program as defined in Section
	3323	+	175.20 of Title 10 of the Oklahoma Statutes, and
	3324	+	submit a report of the results of the
	3325	+	investigation to the appropriate district
	3326	+	attorney and to the State Department of Health,
	3327	+
	3328	+	ENGR. S. B. NO. 1709 Page 11 1
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	3353	+	(3) receiving services from a community services
	3354	+	worker as that term is defined in Section 1025.1
	3355	+	of Title 56 of the Oklahoma Statutes, and
	3356	+	(4) residing in a state institution listed in Section
	3357	+	1406 of Title 10 of the Oklaho ma Statutes,
	3358	+	e. establish a system for investigating allegations of
	3359	+	misconduct, by a person responsible for a child, not
	3360	+	rising to the level of abuse, neglect, sexual abuse,
	3361	+	or sexual exploitation with regard to any child or
	3362	+	resident listed in s ubparagraph d of this paragraph,
	3363	+	f. coordinate any hearings or meetings of Departmental
	3364	+	departmental administrative review committees
	3365	+	conducted as a result of unresolved grievances or as a
	3366	+	result of investigations,
	3367	+	g. make recommendations to the State Commissioner of
	3368	+	Health, who shall then make recomm endations to the
	3369	+	Director of Human Services, and provide regular or
	3370	+	special reports regarding grievance procedures,
	3371	+	hearings and investigations to the Director, the
	3372	+	Commission Commissioner, the Office of Juveni le System
	3373	+	Oversight, and other appropriate per sons as necessary,
	3374	+	h. forward to the Office of Juvenile System Oversight,
	3375	+	for the information of the Director of that office, a
	3376	+
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	3402	+	copy of the final report of any grievance which is not
	3403	+	resolved in the favor of the complaina nt,
	3404	+	i. perform such other duties as required by the Director
	3405	+	of the Department or the Commission State Commissioner
	3406	+	of Health, and
	3407	+	j. develop policies and procedures as necessary to
	3408	+	implement the duties and responsibilities assigned to
	3409	+	the Office of Client Advocacy.
	3410	+	B. The Office of Client Advocacy shall make a complete written
	3411	+	report of their its investigations. The investigation report,
	3412	+	together with its recommendations, shall be submitted to the
	3413	+	appropriate district attorney ’s office.
	3414	+	C. 1. Except as otherwise provided by the Oklahoma Children’s
	3415	+	Code, the reports required by Section 1 -2-101 of this title or any
	3416	+	other information acquired pursuant to the Oklahoma Children ’s Code
	3417	+	shall be confidential and may be disclosed only as provided in
	3418	+	Section 1-2-108 of this title and the Oklahoma Children’s Code.
	3419	+	2. Except as otherwise provided by the Oklahoma Children ’s
	3420	+	Code, any violation of the confidentiality requirements of the
	3421	+	Oklahoma Children’s Code shall, upon conviction, be a misdemeanor
	3422	+	punishable by up to six (6) months in jail, by a fine of Five
	3423	+	Hundred Dollars ($500.00), or by both such fine and imprisonment.
	3424	+	3. Any records or information disclosed as provided by this
	3425	+	subsection shall remain confidential. The use of any information
	3426	+
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	3452	+	shall be limited to the purpose for which disclosu re is authorized.
	3453	+	Rules promulgated by the Commission for Human Services State
	3454	+	Commissioner of Health shall provide for disclosure of relevant
	3455	+	information concerning Office of Client Advocacy investigations to
	3456	+	persons or entities acting in an official cap acity with regard to
	3457	+	the subject of the investigation.
	3458	+	4. Nothing in this section shall be construed as prohibiting
	3459	+	the Office of Client Advocacy or the Department of Human Services
	3460	+	from disclosing such confid ential information as may be necessary to
	3461	+	secure appropriate care, treatment, or protection of a child alleged
	3462	+	to be abused or neglected.
	3463	+	D. 1. The Office of Client Advocacy shall investigate any
	3464	+	complaint received by the Office of Juvenile System Oversight
	3465	+	alleging that an employee of the Departmen t of Human Services or a
	3466	+	child-placing agency has threatened a foster parent with removal of
	3467	+	a child from the foster parent, harassed a foster parent, or refused
	3468	+	to place a child in a licensed or certified fost er home, or
	3469	+	disrupted a child placement as ret aliation or discrimination towards
	3470	+	a foster parent who has:
	3471	+	a. filed a grievance pursuant to Section 1 -9-120 of this
	3472	+	title,
	3473	+	b. provided information to any state official or
	3474	+	Department of Human Services employee, or
	3475	+
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	3500	+
	3501	+	c. testified, assisted, or otherwise part icipated in an
	3502	+	investigation, proceeding, or hearing against the
	3503	+	Department of Human Services or child-placing agency.
	3504	+	2. The provisions of this subsection shall not apply to any
	3505	+	complaint by a foster parent r egarding the result of a criminal,
	3506	+	administrative, or civil proceeding for a violation of any law,
	3507	+	rule, or contract provision by that foster parent, or the action
	3508	+	taken by the Department of Human Services or a child-placement
	3509	+	agency in conformity with the result of any such proceeding.
	3510	+	3. The Office of Client Advocacy shall at all times be granted
	3511	+	access to any foster home or any child -placing agency which is
	3512	+	certified, authorized, or funded by the Department of Human
	3513	+	Services.
	3514	+	SECTION 23. AMENDATORY 10A O.S. 2021, Section 1 -9-117,
	3515	+	is amended to read as follows:
	3516	+	Section 1-9-117. A. 1. A foster parent may report to the
	3517	+	Office of Client Advocacy of the Department of Human Services within
	3518	+	the State Department of Health an allegation that an e mployee of the
	3519	+	Department of Human Services or of a child-placing agency has
	3520	+	threatened the foster parent with removal of a child from the foster
	3521	+	parent, harassed or refused to place a child in a licensed or
	3522	+	certified foster home, or disrupted a child placement as retaliation
	3523	+	or discrimination towards a foster parent who has:
	3524	+
	3525	+	ENGR. S. B. NO. 1709 Page 15 1
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	3549	+
	3550	+	a. filed a grievance pursuant to Section 1 -9-120 of this
	3551	+	title,
	3552	+	b. provided information to any state official or
	3553	+	Department of Human Services employee, or
	3554	+	c. testified, assisted, or ot herwise participated in an
	3555	+	investigation, proceeding, or hearing against the
	3556	+	Department of Human Services or child-placing agency.
	3557	+	2. The provisions of this subsection shall not apply to any
	3558	+	complaint by a foster parent regarding the result of a criminal,
	3559	+	administrative, or civil proceedin g for a violation of any law,
	3560	+	rule, or contract provision by that foster parent, or the action
	3561	+	taken by the Department of Human Services or a child-placing agency
	3562	+	in conformity with the result of any such proceeding.
	3563	+	3. A reporter shall not be relieved of the duty to report
	3564	+	incidents of alleged child abuse or neglect pursuant to the Oklahoma
	3565	+	Children’s Code.
	3566	+	4. The Advocate General shall establish rules and procedures
	3567	+	for evaluating reports of complaints pursu ant to paragraph 1 of this
	3568	+	subsection and for conducting an investigation of such reports.
	3569	+	B. 1. The Office of Client Advocacy shall prepare and maintain
	3570	+	written records from the reporting source that shall contain the
	3571	+	following information to the extent known at t he time the report is
	3572	+	made:
	3573	+
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	3598	+
	3599	+	a. the names and addresses of the child and the person
	3600	+	responsible for the child ’s welfare,
	3601	+	b. the nature of the complaint, and
	3602	+	c. the names of the persons or agencies responsible for
	3603	+	the allegations contained in the complaint.
	3604	+	2. Any investigation conducted by the Office of Client Advocacy
	3605	+	pursuant to such information shall not duplicate and shall be
	3606	+	separate from the investigation mandated by the Oklahoma Children ’s
	3607	+	Code or other investigation of the Department of Human Services
	3608	+	having notice and hearing requir ements.
	3609	+	3. At the request of the reporter, the Office of Client
	3610	+	Advocacy shall keep the identity of the reporter strictly
	3611	+	confidential from the operation of the Department of Human Services,
	3612	+	until the Advocate General State Commissioner of Health determines
	3613	+	what recommendations shall be made to the Commission for Human
	3614	+	Services and to the Director of the Department.
	3615	+	C. The Commission Commissioner and the Director shall ensure
	3616	+	that a person making a report in good faith u nder this section is
	3617	+	not adversely affected solely on the basis of having made such
	3618	+	report.
	3619	+	D. Any person who knowingly and willfully makes a false or
	3620	+	frivolous report or complaint or a report that the person knows
	3621	+	lacks factual foundation, pur suant to the provisions of this
	3622	+	section, may be subject to loss of foster parent certification.
	3623	+
	3624	+	ENGR. S. B. NO. 1709 Page 17 1
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	3649	+	SECTION 24. AMENDATORY Section 2, Chapter 123, O.S.L.
	3650	+	2022 (43A O.S. Supp. 2023, Section 10 -115), is amended to read as
	3651	+	follows:
	3652	+	Section 10-115. A. In coordination with the Distri ct Attorneys
	3653	+	Council, each district attorney may develop a multidisciplinary team
	3654	+	for the investigation and prosecution of crimes committed against
	3655	+	the elderly or vulnerable adults in each county of the distric t
	3656	+	attorney or in a contiguous group of countie s. The lead agency for
	3657	+	the team shall be chosen by the members of the team. The team shall
	3658	+	intervene in reports involving sexual abuse, abuse, neglect, or
	3659	+	exploitation of an elderly person or vulnerable adult as defined in
	3660	+	Section 10-103 of Title 43A of the Oklahoma Statutes.
	3661	+	B. The multidisciplinary elderly and vulnerable adult abuse
	3662	+	team members shall include, but not be limited to:
	3663	+	1. Mental health professionals licensed pursuant to the laws of
	3664	+	this state or licensed professional counselors;
	3665	+	2. Police officers or other law enforcement agents whose duties
	3666	+	include, or who have experience or training in, elder elderly and
	3667	+	vulnerable adult abuse and neglect investigation;
	3668	+	3. Medical personnel with experience in elder elderly and
	3669	+	vulnerable adult abuse a nd neglect identification;
	3670	+	4. Adult Protective Services , Office of Client Advocacy, and
	3671	+	long-term care workers within the Department of Human Services;
	3672	+
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	3698	+	5. Office of Client Advocacy workers within the State
	3699	+	Department of Health;
	3700	+	6. Multidisciplinary elder elderly and vulnerable adult abuse
	3701	+	team coordinators; and
	3702	+	6. 7. The district attorney or assistant district attorney.
	3703	+	C. 1. Subject to the availability of funds and resources, the
	3704	+	functions of the team shall include, but not be limited to:
	3705	+	a. whenever feasible, joint investigations by law
	3706	+	enforcement and Adult Protective Services, Office of
	3707	+	Client Advocacy, or long -term care staff to
	3708	+	effectively respond to reports of abuse against
	3709	+	elderly or vulnerable adul t victims,
	3710	+	b. the development of a written pro tocol for
	3711	+	investigation of sexual abuse, abuse, neglect, or
	3712	+	exploitation cases of elderly or vulnerable adults and
	3713	+	for the interview of victims to ensure coordination
	3714	+	and cooperation between all agencies involved. Such
	3715	+	protocol shall include confidentiali ty statements and
	3716	+	interagency agreements signed by member agencies that
	3717	+	specify the cooperative effort of the member agencies
	3718	+	to the team,
	3719	+	c. communication and collaboration among the
	3720	+	professionals responsible for the reporting,
	3721	+
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	3746	+
	3747	+	investigation, prosecution, and treatment of elderly
	3748	+	and vulnerable adult abuse and neglect cases,
	3749	+	d. elimination of duplicative efforts in the
	3750	+	investigation and the prosecution of abuse and neglect
	3751	+	cases committed against elderly or vulnerable adu lt
	3752	+	victims,
	3753	+	e. identification of ga ps in service or untapped
	3754	+	resources within the community to improve the delivery
	3755	+	of services to the victim and family,
	3756	+	f. development of expertise through training. Each team
	3757	+	member and those conducting invest igations and
	3758	+	interviews of elder elderly or vulnerable adult abuse
	3759	+	victims shall be trained in the multidisciplinary team
	3760	+	approach, conduction of legally sound developmentally
	3761	+	and age-appropriate interviews, effective
	3762	+	investigation techniques and joint investigations as
	3763	+	provided through the State Depa rtment of Health, the
	3764	+	District Attorneys Council, the Department of Human
	3765	+	Services, or other resources,
	3766	+	g. formalization of a case review process and provision
	3767	+	of data as requested, and
	3768	+	h. standardization of in vestigative procedures for the
	3769	+	handling of elderly and vulnerable adult abuse and
	3770	+	neglect cases.
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	3772	+	ENGR. S. B. NO. 1709 Page 20 1
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	3797	+	2. Any investigation or interview related to sexual abuse,
	3798	+	abuse, or neglect of elderly or vulnerable adults shall be conducted
	3799	+	by appropriate personnel using the protoc ols and procedures
	3800	+	specified in this section.
	3801	+	3. If trained personnel are not available in a timely manner
	3802	+	and if a law enforcement officer or the Department of Human Services
	3803	+	determines that there is reasonable cause to believe a delay in
	3804	+	investigation or interview of a victim could place the victim’s
	3805	+	health or welfare in danger of harm or threatened harm, the
	3806	+	investigation may proceed without full participation of all
	3807	+	personnel, but only for as long as the danger to the victim exists.
	3808	+	The Department shall make a reasonable effort to find and provide a
	3809	+	trained investigator or interviewer.
	3810	+	D. A multidisciplinary elder elderly or vulnerable adult abuse
	3811	+	team shall have full access to any service or treatment plan and any
	3812	+	personal data known to th e Department of Human Services that is
	3813	+	directly related to the implementation of the requirements of this
	3814	+	section.
	3815	+	E. Each member of the team shall protect the confidentiality of
	3816	+	the elderly or vulnerable adult and any information made available
	3817	+	to the team member. The multidisciplinary team and any information
	3818	+	received by the team shall be exempt from the Oklahoma Open Meeting
	3819	+	Act and the Oklahoma Open Records Act.
	3820	+
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	3845	+
	3846	+	SECTION 25. AMENDATORY 63 O.S. 2021, Section 1 -829, is
	3847	+	amended to read as follows:
	3848	+	Section 1-829. A. Every residential care home for which a
	3849	+	license has been issued shall be inspected by a duly appointed
	3850	+	representative of the State Department of Health pursuant to rules
	3851	+	promulgated by the State Board Commissioner of Health with the
	3852	+	advice and counsel of the Long -Term Care Facility Advisory Board.
	3853	+	Inspection reports shall be prepared on forms prescribed by the
	3854	+	Department with the advice and counsel of the Advisory Board.
	3855	+	B. 1. The Department shall at least one time a year and
	3856	+	whenever it deems necessary inspect, survey, and evaluate each home
	3857	+	to determine compliance with applicable licensure rules.
	3858	+	2. An inspection, investigation, survey, or evaluation shall be
	3859	+	either announced or unannounced. The State Board of Health
	3860	+	Commissioner shall promulgate rules determ ining the criteria when an
	3861	+	inspection, investigation, survey , or evaluation shall be
	3862	+	unannounced or may be announced by the Department. Any licensee,
	3863	+	applicant for a license , or operator of any unlicensed faci lity
	3864	+	shall be deemed to have given consent to any duly authorized
	3865	+	employee, or agent of the Department to enter and inspect the home
	3866	+	in accordance with the provisions of the Residential Care Act.
	3867	+	Refusal to permit such entry or inspection shall constitute grounds
	3868	+	for the denial, nonrenewal, suspensio n, or revocation of a license
	3869	+	as well as emergency transfer of all residents.
	3870	+
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	3896	+	3. Any employee of the Department who discloses to any
	3897	+	unauthorized person, prior to an inspection, information regarding
	3898	+	an unannounced residential care home inspection that is required
	3899	+	pursuant to the provisions of the Residential Care Act shall, upon
	3900	+	conviction thereof, be guilty of a misdemeanor. In addition, such
	3901	+	action shall be construed to be a misuse of office and punishable as
	3902	+	a violation of rules promulgated by the Eth ics Commission.
	3903	+	One person may be invited from a statewide organization of older
	3904	+	adults or persons with disabilities by the Department to act as a
	3905	+	citizen observer in any inspection.
	3906	+	C. The Department shall ma intain a log, updated at least
	3907	+	monthly and available for public inspection, which shall at a
	3908	+	minimum detail:
	3909	+	1. The name of the home and date of inspection, investigation,
	3910	+	survey, or evaluation;
	3911	+	2. Any deficiencies, lack of compliance, or violation noted at
	3912	+	the inspection, investigation, survey, or evaluation;
	3913	+	3. The date a notice of violation, license denial, nonrenewal,
	3914	+	suspension, or revocation was issued or other enforcement action
	3915	+	occurred;
	3916	+	4. The date a plan of correction was submitted and the dat e the
	3917	+	plan was approved;
	3918	+	5. The date correcti ons were completed, as verified by an
	3919	+	inspection; and
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	3946	+	6. If the inspection or investigation was made pursuant to the
	3947	+	receipt of a complaint, the date such complaint was received and the
	3948	+	date the complainant was notified of the results of the inspection
	3949	+	or investigation.
	3950	+	D. The Department may require the residential care home to
	3951	+	submit periodic reports. The Department shall have access to books,
	3952	+	records, and other documents maintained by the home to the extent
	3953	+	necessary to implement the provisions of the Residential Care Act
	3954	+	and the rules promulgated by the Board Commissioner pursuant
	3955	+	thereto.
	3956	+	E. The Department shall make at least one annual report on each
	3957	+	home in the state. The report shall include all conditions and
	3958	+	practices not in compliance with the provisions of the Residential
	3959	+	Care Act or rules promulgated pursuant thereto within the last year
	3960	+	and, if a violation is corrected, or is subject to an approved plan
	3961	+	of correction. The Department shall send a copy of the report to
	3962	+	any person upon receivi ng a written request. The Department may
	3963	+	charge a reasonable fee to cover the cost of copying and mailing the
	3964	+	report.
	3965	+	F. A state or local ombudsman as that term is defined by the
	3966	+	Special Unit on Aging within the Departm ent of Human Services
	3967	+	pursuant to the Older Americans’ Act, 42 U.S.C.A., Section 3001 et
	3968	+	seq., as amended, representative of the Office of the State Long -
	3969	+	Term Care Ombudsman or case manager employed by the Department of
	3970	+
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	3995	+
	3996	+	Mental Health and Substan ce Abuse Services or one of its contract
	3997	+	agencies is authorized to accompany and shall be notified by the
	3998	+	Department of any inspection conducted of any home licensed pursuant
	3999	+	to the provisions of the Residential Care Act. Any state or local
	4000	+	ombudsman The State Long-Term Care Ombudsman or a representative of
	4001	+	the Office is authorized to enter any home licensed pursuant to the
	4002	+	provisions of the Residential Care Act, communicate privately and
	4003	+	without unreasonable restriction with any resident of a home who
	4004	+	consents to such communication, to seek consent t o communicate
	4005	+	privately and without restriction with any resident of a home, and
	4006	+	to observe all areas of a home that directly pertain to the care of
	4007	+	a resident of a home.
	4008	+	G. Following any inspection by the Department, pu rsuant to the
	4009	+	provisions of this se ction, all reports relating to the inspection
	4010	+	shall be filed in the county office of the Department of Human
	4011	+	Services in which the home is located and with the Department of
	4012	+	Mental Health and Substance Abuse Se rvices.
	4013	+	SECTION 26. AMENDATORY 63 O.S. 2021, Section 1 -1902, is
	4014	+	amended to read as follows:
	4015	+	Section 1-1902. As used in the Nursing Home Care Act:
	4016	+	1. “Abuse” means the willful infliction of injury, unreasonable
	4017	+	confinement, intimidation , or punishment, with resulting physical
	4018	+	harm, impairment, or mental anguish;
	4019	+
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	4045	+	2. “Access” means the right of a person to enter a facility to
	4046	+	communicate privately and without unreasonable restriction when
	4047	+	invited to do so by a resident. The state or local “ombudsman”, as
	4048	+	that term is defined b y the Aging Services Division of the
	4049	+	Department of Human Services pursuant to the Older Americans ’ Act,
	4050	+	42 U.S.C.A., Section 3001 et seq., as amended, A representative of
	4051	+	the Office of the State Long -Term Care Ombudsman and a case manager
	4052	+	employed by the Department of Mental Health and Substance Abuse
	4053	+	Services or one of its contract agencies shall have right of access
	4054	+	to enter a facility, communicate privately and without unreasonable
	4055	+	restriction with any reside nt who consents to the communication, to
	4056	+	seek consent to communicate privately and without restriction with
	4057	+	any resident, and to observe all areas of the facility that directly
	4058	+	pertain to the patient care of the resident without infringing upon
	4059	+	the privacy of the oth er residents without first obtainin g their
	4060	+	consent;
	4061	+	3. “Administrator” means the person licensed by the State of
	4062	+	Oklahoma who is in charge of a facility. An administrator must
	4063	+	devote at least one-third (1/3) of such person ’s working time to on -
	4064	+	the-job supervision of the facility; provided , that this requirement
	4065	+	shall not apply to an administrator of an intermediate care facility
	4066	+	for individuals with intellectual disabilities with sixteen or fewer
	4067	+	beds (ICF/IID-16), in which case the person licensed by the state
	4068	+	may be in charge of more tha n one such ICF/IID-16 facility, if such
	4069	+
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	4094	+
	4095	+	facilities are located within a circle that has a radius of not more
	4096	+	than fifteen (15) miles, the total number of facilities and beds
	4097	+	does not exceed six facilities and s ixty-four beds, and each such
	4098	+	ICF/IID-16 facility is supervised by a qualified professional. The
	4099	+	facilities may be free -standing in a community or may be on campus
	4100	+	with a parent institution. The ICF/IID -16 facility may be
	4101	+	independently owned and operated or may be part of a larger
	4102	+	institutional operation;
	4103	+	4. “Advisory Board” means the Long-Term Care Facility Advisory
	4104	+	Board;
	4105	+	5. “Adult companion home ” means any home or establishment,
	4106	+	funded and certified by the Department of Human Services, which
	4107	+	provides homelike residential accommodations and suppo rtive
	4108	+	assistance to three or fewer adults with intellectual or
	4109	+	developmental disabilities;
	4110	+	6. “Board” means the State Board of Health;
	4111	+	7. “Commissioner” means the State Commissioner of Health;
	4112	+	8. “Department” means the State Department of Health;
	4113	+	9. “Facility” means a nursing facility and a specialized home;
	4114	+	provided, this term shall not include a residential care home or an
	4115	+	adult companion home;
	4116	+	10. “Nursing facility” means a home, an establishment , or an
	4117	+	institution, a distinct part of which is prima rily engaged in
	4118	+	providing:
	4119	+
	4120	+	ENGR. S. B. NO. 1709 Page 27 1
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	4145	+	a. skilled nursing care and related services for
	4146	+	residents who require medical or nursing care,
	4147	+	b. rehabilitation services for the rehabilitation of
	4148	+	injured, disabled, or sick persons, or
	4149	+	c. on a regular basis, health -related care and services
	4150	+	to individuals who because of their mental or physical
	4151	+	condition require care and services beyond the level
	4152	+	of care provided by a residential care home and which
	4153	+	can be made available to them onl y through a nursing
	4154	+	facility.
	4155	+	“Nursing facility” Nursing facility does not mean, for purposes of
	4156	+	Section 1-851.1 of this title, a facility constructed or operated by
	4157	+	an entity described in paragraph 7 of subsection B of Section 6201
	4158	+	of Title 74 of the Oklahoma Statut es or the nursing care component
	4159	+	of a continuum of care facility, as such term is defined under the
	4160	+	Continuum of Care and Assisted Living Act, to the extent that the
	4161	+	facility constructed or operated by an entity described in paragraph
	4162	+	7 of subsection B of Section 6201 of Title 74 of the Okl ahoma
	4163	+	Statutes contains such a nursing care component;
	4164	+	11. “Specialized facility ” means any home, establishment, or
	4165	+	institution which offers or provides inpatient long -term care
	4166	+	services on a twenty -four-hour basis to a limited category of
	4167	+	persons requiring such services, including but not limited to a
	4168	+	facility providing health or habilitation services for individuals
	4169	+
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	4195	+	with intellectual or developmental disabilities, but does not mean,
	4196	+	for purposes of Section 1 -851.1 of this title, a facility
	4197	+	constructed or operated by an entity described in paragraph 7 of
	4198	+	subsection B of Section 6201 of Title 74 of the Oklahoma Statutes or
	4199	+	the nursing care component of a continuum of care facility, as such
	4200	+	term is defined under the Continu um of Care and Assisted Living Act,
	4201	+	to the extent that the facility constructed or operated by an entity
	4202	+	described in paragraph 7 of subsection B of Section 6201 of Title 74
	4203	+	of the Oklahoma Statutes contains such a nursing care component;
	4204	+	12. “Residential care home” means any home, establi shment, or
	4205	+	institution licensed pursuant to the provisions of the Residential
	4206	+	Care Act other than a hotel, motel, fraternity or sorority house, or
	4207	+	college or university dormitory, which offers or provides
	4208	+	residential accommodations, food service, and suppo rtive assistance
	4209	+	to any of its residents or houses any resident requiring supportive
	4210	+	assistance. The residents shall be persons who are ambulatory and
	4211	+	essentially capable of managing their own affairs, but who do not
	4212	+	routinely require nursing care; provid ed, the term “residential care
	4213	+	home” residential care home shall not mean a hotel, motel,
	4214	+	fraternity or sorority house, or college or university dormitory, if
	4215	+	the facility operates in a manner customary to its description and
	4216	+	does not house any person who requires supportive assistance from
	4217	+	the facility in order to meet an adequate level of daily living;
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	4219	+	ENGR. S. B. NO. 1709 Page 29 1
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	4244	+	13. “Licensee” means the person, a corporation, partnership, or
	4245	+	association who is the owner of the facility which is licensed by
	4246	+	the Department pursuant to the provisions of the Nursing Home Care
	4247	+	Act;
	4248	+	14. “Maintenance” means meals, shelter, and laundry services;
	4249	+	15. “Neglect” means failure to provide goods and/or services
	4250	+	necessary to avoid physical harm, mental anguish , or mental illness;
	4251	+	16. “Owner” means a person, corporation, partnership,
	4252	+	association, or other entity which owns a facility or leases a
	4253	+	facility. The person or entity that stands to profit or lose as a
	4254	+	result of the financial success or fail ure of the operation shall be
	4255	+	presumed to be the owner of the facility. Notwithstanding the
	4256	+	foregoing, any nonstate governmental entity that has acquired and
	4257	+	owns or leases a facility and that has entered into an agreement
	4258	+	with the Oklahoma Health Care Authority to participate in the
	4259	+	nursing facility supplemental payment program ( “UPL Owner”) shall be
	4260	+	deemed the owner of such facility and shall be authorized to obtain
	4261	+	management services from a management services provider ( “UPL
	4262	+	Manager”), and to delegate, allocate, and assign as between the UPL
	4263	+	Owner and UPL Manager, compensation, profits, losses, liabilities,
	4264	+	decision-making authority, and responsibilities, including
	4265	+	responsibility for the employment, direction, supervision , and
	4266	+	control of the facility ’s administrator and staff;
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	4292	+
	4293	+	17. “Personal care” means assistance with meals, dressing,
	4294	+	movement, bathing or other personal needs or maintenance, or general
	4295	+	supervision of the physical and mental well -being of a person, who
	4296	+	is incapable of maintaining a priva te, independent residence, or who
	4297	+	is incapable of managing his or her person, whether or not a
	4298	+	guardian has been appointed for such person;
	4299	+	18. “Resident” means a person residing in a facility due to
	4300	+	illness, physical or mental infirmity, or advanced age;
	4301	+	19. “Representative of a resident ” means a court-appointed
	4302	+	guardian or, if there is no court -appointed guardian, the parent of
	4303	+	a minor, a relative, or other person, designated in writing by the
	4304	+	resident; provided, that any owner, operator, administrator , or
	4305	+	employee of a facility subject to the prov isions of the Nursing Home
	4306	+	Care Act, the Residential Care Act, or the Group Homes for the
	4307	+	Developmentally Disabled or Physically Handicapped Persons with
	4308	+	Developmental or Physical Disabilities Act shall not be appointed
	4309	+	guardian or limited guardian of a re sident of the facility unless
	4310	+	the owner, operator, administrator , or employee is the spouse of the
	4311	+	resident, or a relative of the resident within the second degree of
	4312	+	consanguinity and is otherwise eligible for appointment; and
	4313	+	20. “Supportive assistance ” means the service rendered to any
	4314	+	person which is less than the service provided by a nursing facility
	4315	+	but which is sufficient to enable the person to meet an adequate
	4316	+	level of daily living. Supportive assistance includ es but is not
	4317	+
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	4342	+
	4343	+	limited to housekeepi ng, assistance in the preparation of meals,
	4344	+	assistance in the safe storage, distribution, and administration of
	4345	+	medications, and assistance in personal care as is necessary for the
	4346	+	health and comfort of such pe rson. Supportive assistance shall not
	4347	+	include medical service.
	4348	+	SECTION 27. AMENDATORY 63 O.S. 2021, Section 1 -1911, is
	4349	+	amended to read as follows:
	4350	+	Section 1-1911. A. 1. Every building, institution, or
	4351	+	establishment for which a license has been issued, including any
	4352	+	facility operated by the Oklahoma Department of Veterans Affairs,
	4353	+	shall be periodically inspected by a duly appointed representative
	4354	+	of the State Department of Health, pursuant to rules promulgated by
	4355	+	the State Board Commissioner of Health with the advice and cou nsel
	4356	+	of the Long-Term Care Facility Advisory Board, created in Section 1 -
	4357	+	1923 of this title.
	4358	+	2. Inspection reports shall be prepared on forms prescribed by
	4359	+	the Commissioner with the advice and counsel of the Advisory Boa rd.
	4360	+	B. 1. The Department, wheneve r it deems necessary, shall
	4361	+	inspect, survey, and evaluate every facility, including any facility
	4362	+	operated by the Oklahoma Department of Veterans Affairs, to
	4363	+	determine compliance with applicable licensure and ce rtification
	4364	+	requirements and standards. All i nspections of facilities shall be
	4365	+	unannounced. The Department may have as many unannounced
	4366	+	inspections as it deems necessary.
	4367	+
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	4393	+	2. The Department shall conduct at least one unannounced
	4394	+	inspection per calendar year of all nursing facilities operated by
	4395	+	the Oklahoma Department of Veterans Affairs.
	4396	+	3. Any employee of the State Department of Health who discloses
	4397	+	to any unauthorized person, prior to an inspection, information
	4398	+	regarding an unannounced nursing home in spection required pursuant
	4399	+	to the provisions of this section shall, upon conviction thereof, be
	4400	+	guilty of a misdemeanor. In addition, such action shall be
	4401	+	construed to be a misuse of office and punishable as a violation of
	4402	+	rules promulgated by the Ethics Commission.
	4403	+	4. a. The Department may periodica lly visit a facility for
	4404	+	the purpose of consultation and may notify the
	4405	+	facility in advance of such a visit. An inspection,
	4406	+	survey, or evaluation, other than an inspection of
	4407	+	financial records or a consultatio n visit, shall be
	4408	+	conducted without prior noti ce to the facility.
	4409	+	b. One person shall be invited by the Department from a
	4410	+	statewide organization of the elderly to act as a
	4411	+	citizen observer in unannounced inspections. The
	4412	+	individual may be a state or local ombudsman as
	4413	+	defined by the Aging Services Di vision of the
	4414	+	Department of Human Services, acting pursuant to the
	4415	+	provisions of the Older Americans Act of 1965, Public
	4416	+	Law No. 89-73, 42 U.S.C.A., Section 3001 et seq., as
	4417	+
	4418	+	ENGR. S. B. NO. 1709 Page 33 1
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	4443	+	amended a representative of a statew ide organization
	4444	+	of the elderly or a represent ative of the Office of
	4445	+	the State Long-Term Care Ombudsman.
	4446	+	c. The citizen observer shall be reimbursed for expenses
	4447	+	in accordance with the provisions of the State Travel
	4448	+	Reimbursement Act.
	4449	+	d. An employee of a state or uni t of a local government
	4450	+	agency, charged with inspecting, surveying, and
	4451	+	evaluating facilities, who aids, abets, assists,
	4452	+	conceals, or conspires with a facility administrator
	4453	+	or employee in violation of the provisions of the
	4454	+	Nursing Home Care Act shall be guilty, upon conviction
	4455	+	thereof, of a misdemeanor and shall be subject to
	4456	+	dismissal from employment.
	4457	+	C. The Department shall hold open meetings, as part of its
	4458	+	routine licensure survey, in each of the licensed facilities to
	4459	+	advise and to facilitate communi cation and cooperation between
	4460	+	facility personnel and the residents of facilities in their mutual
	4461	+	efforts to improve patient care. Administrators, employees of the
	4462	+	facility, residents, residents ’ relatives, friends, residents ’
	4463	+	representatives, and employees from appropriate state and feder al
	4464	+	agencies shall be encouraged to attend these meetings to contribute
	4465	+	to this process.
	4466	+
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	4492	+	D. 1. The Department shall require periodic reports and shall
	4493	+	have access to books, records, and other documents maintained by the
	4494	+	facility to the extent necessary to implement the provisions of the
	4495	+	Nursing Home Care Act and the rules promulgated pursuant thereto.
	4496	+	2. Any holder of a license or applicant for a license shall be
	4497	+	deemed to have given consent to any authorized officer, employee, or
	4498	+	agent of the Department to enter and inspect the facility in
	4499	+	accordance with the provisions of the Nursing Home Care Act.
	4500	+	Refusal to permit said such entry or inspection, except for good
	4501	+	cause, shall constitute grounds for remedial action or
	4502	+	administrative penalty or both such a ction and penalty as provided
	4503	+	in the Nursing Home Care Act.
	4504	+	E. The Department shall maintain a file on each facility in the
	4505	+	state. All conditions and practices not in compliance with
	4506	+	applicable standards shal l be specifically stated. If a violation
	4507	+	is corrected or is subject to an approved plan of correction, such
	4508	+	action shall be contained in the file. Upon receiving a written
	4509	+	request for a copy of the file documents, the Department shall send
	4510	+	a copy of the document to any person making the written requ est.
	4511	+	The Department may charge a reasonable fee for copying costs.
	4512	+	SECTION 28. AMENDATORY 63 O.S. 2021, Section 1 -1941, is
	4513	+	amended to read as follows:
	4514	+	Section 1-1941. All state agencies receiving complaints on, or
	4515	+	conducting surveys or inspections of, nursing home facilities shall
	4516	+
	4517	+	ENGR. S. B. NO. 1709 Page 35 1
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	4541	+
	4542	+	forward complete copies of complaints or of inspection or survey
	4543	+	results to the Ombudsman Program of the Special Unit on Aging Office
	4544	+	of the State Long-Term Care Ombudsman.
	4545	+	SECTION 29. AMENDATORY 63 O.S. 2021, Section 1 -1945, is
	4546	+	amended to read as follows:
	4547	+	Section 1-1945. For purposes of the Long -term Care Security
	4548	+	Act:
	4549	+	1. “Long-term care facility” means:
	4550	+	a. a nursing facility, or specialized facility, or
	4551	+	residential care home as defined by Section 1 -1902 of
	4552	+	this title,
	4553	+	b. an adult day care center as defined by Section 1 -872
	4554	+	of this title,
	4555	+	c. skilled nursing care provided in a distinct part of a
	4556	+	hospital as defined by Section 1 -701 of this title,
	4557	+	d. an assisted living center as d efined by Section 1-
	4558	+	890.2 of this title,
	4559	+	e. the nursing care component of a continuum of care
	4560	+	facility as defined under the Continuum of Care and
	4561	+	Assisted Living Act,
	4562	+	f. the nursing care component of a life car e community as
	4563	+	defined by the Long-term Care Insurance Act, or
	4564	+	g. a residential care home as defined by Section 1 -820 of
	4565	+	this title;
	4566	+
	4567	+	ENGR. S. B. NO. 1709 Page 36 1
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	4591	+
	4592	+	2. “Ombudsman” means the individual employed by the Department
	4593	+	of Human Services State Department of Health as the State Long-Term
	4594	+	Care Ombudsman;
	4595	+	3. “Nurse aide” means any person who provides, for
	4596	+	compensation, nursing care or health -related services to residents
	4597	+	in a nursing facility, a specialized facility, a residential care
	4598	+	home, continuum of care facility, assisted liv ing center, or an
	4599	+	adult day care center and wh o is not a licensed health professional.
	4600	+	Such term also means any person who provides such services to
	4601	+	individuals in their own homes as an employee or contract provider
	4602	+	of a home health or home care agency, or as a cont ract provider of
	4603	+	the Oklahoma State Plan Personal Care Program of the state Medicaid
	4604	+	program;
	4605	+	4. “Employer” means any of the following facilities, homes,
	4606	+	agencies, or programs which are subject to the provisions of Section
	4607	+	1-1947 of this title:
	4608	+	a. a nursing facility or specialized facility as such
	4609	+	terms are defined in the Nursing Home Care Act,
	4610	+	b. a residential care home as such term is defined by the
	4611	+	Residential Care Act,
	4612	+	c. an adult day care center as such term is defined in
	4613	+	the Adult Day Care Act,
	4614	+	d. an assisted living center as such ter m is defined by
	4615	+	the Continuum of Care and Assisted Living Act,
	4616	+
	4617	+	ENGR. S. B. NO. 1709 Page 37 1
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	4625	+	9
	4626	+	10
	4627	+	11
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	4629	+	13
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	4633	+	17
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	4641	+
	4642	+	e. a continuum of care facility as such term is defined
	4643	+	by the Continuum of Care and Assisted Living Act,
	4644	+	f. a home health or home care agency,
	4645	+	g. the Department of Human Services, in its capac ity as
	4646	+	an operator of any hospital or health care institution
	4647	+	or as a contractor with providers under the Oklahoma
	4648	+	State Plan Personal Care Program of the state Medicaid
	4649	+	program,
	4650	+	h. a hospice agency as such term is define d in the
	4651	+	Oklahoma Hospice Licensing Act,
	4652	+	i. a Medicaid home- and community-based services waivered
	4653	+	provider as defined in Section 1915(c) or 1915(i) of
	4654	+	the Federal federal Social Security Act,
	4655	+	j. a staffing agency with a contracted relationship to
	4656	+	provide staff with direct patient access to service
	4657	+	recipients of one or more of the other employers
	4658	+	listed in this paragraph, and
	4659	+	k. an independent contractor where the independent
	4660	+	contractor has a contracted relationship to provide
	4661	+	staff or services with direct patient access to
	4662	+	service recipients for one or more of the employers
	4663	+	listed in this paragraph;
	4664	+	5. “Home health or home care agency ” means any person,
	4665	+	partnership, association, corporation , or other organization which
	4666	+
	4667	+	ENGR. S. B. NO. 1709 Page 38 1
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	4691	+
	4692	+	administers, offers, or provides health care services or supportive
	4693	+	assistance for compensation to three or more ill, disabled, or
	4694	+	infirm persons in the temporary or permanent residence of such
	4695	+	persons, and includes any subunits or branch offices of a parent
	4696	+	home health or home care agency;
	4697	+	6. “Bureau” means the Oklahoma Stat e Bureau of Investigation;
	4698	+	7. “FBI” means the Federal Bureau of Investigation;
	4699	+	8. “Applicant” means an individual who applies for employment
	4700	+	with an employer, applies to work as an independent contractor to a n
	4701	+	employer, applies to provide services to ser vice recipients through
	4702	+	the granting of clinical privileges by an employer, or applies to a
	4703	+	nurse aide scholarship program;
	4704	+	9. “Direct patient access ” means access to a service recipient
	4705	+	of an employer, through employmen t, independent contract, or the
	4706	+	granting of clinical privileges, in which the performance of duties
	4707	+	involves, or may involve one -on-one contact with a service recipient
	4708	+	of the employer on an ongoing basis. The term shall include access
	4709	+	to a service recipient’s property, medical information , or financial
	4710	+	information. The term does not include a volunteer unless the
	4711	+	volunteer has duties that are equivalent to the duties of a direct
	4712	+	patient access employee and those duties involve one -on-one contact
	4713	+	with a service recipient of an employer, wi thout line-of-sight
	4714	+	supervision by employer staff;
	4715	+
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	4740	+
	4741	+	10. “Independent contract ” means a contract entered into by an
	4742	+	employer with an individual who provides the contracted services
	4743	+	independently or a contract en tered into by an employer with an
	4744	+	organization or agency that employs or contracts with an individual
	4745	+	after complying with the requirements of this section to provide the
	4746	+	contracted services to the employer on behalf of the organization or
	4747	+	agency;
	4748	+	11. “Medicare” means benefits under the Federal Medic are
	4749	+	Program established under Title XVIII of the Social Security Act,
	4750	+	Title 42 of the United States Code, Sections 1395 to 1395hhh;
	4751	+	12. “Registry screening” means a review of those registries
	4752	+	identified in subsection D of Section 1-1947 of this title;
	4753	+	13. “Department” means the State Department of Health;
	4754	+	14. “Nurse aide scholarship program ” means a nurse aide
	4755	+	training program operated under contract with the Oklahoma Health
	4756	+	Care Authority for the purpose of providing f ree training to
	4757	+	prospective nurse aides in exchange for employment in a SoonerCare
	4758	+	contracted facility; and
	4759	+	15. “Service recipient” means a patient, resident, participant,
	4760	+	consumer, client, or member receiving services from an employer.
	4761	+	SECTION 30. AMENDATORY 63 O. S. 2021, Section 330.58, as
	4762	+	amended by Section 6, Chapter 271, O.S.L. 2023, and as renumbered by
	4763	+	Section 14, Chapter 271, O.S.L. 2023 (63 O.S. Supp. 2023, Section 1 -
	4764	+	1949.4), is amended to read as follows:
	4765	+
	4766	+	ENGR. S. B. NO. 1709 Page 40 1
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	4790	+
	4791	+	Section 1-1949.4. The State Department of Health o r, as
	4792	+	appropriate, the State Commissioner of Health shall:
	4793	+	1. Develop and apply standards for approval of training and
	4794	+	education programs for long -term care administrators that meet the
	4795	+	accreditation standards of the National Association of Long Term
	4796	+	Care Administrator Boards and approve or offer training and
	4797	+	education programs, or both, as described in subsection F of Section
	4798	+	330.53 Section 1-1949.3 of this title;
	4799	+	2. Develop, impose, and enforce standards which must be met by
	4800	+	individuals in order to rece ive a license or certification as a
	4801	+	long-term care administrator, which standards shall be designed to
	4802	+	ensure that long-term care administrators will be individuals who
	4803	+	are of good character and are otherwise s uitable, and who, by
	4804	+	training or experience in the field of institutional administration,
	4805	+	are qualified to serve as long -term care administrators;
	4806	+	3. Develop and apply appropriate techniques, including
	4807	+	examinations and investigations, for determining whether an
	4808	+	individual meets such standards;
	4809	+	4. Issue licenses or certifications to individuals determined,
	4810	+	after the application of such techniques, to meet such standards.
	4811	+	The Department may deny an initial application, deny a renewal
	4812	+	application, and revok e or suspend licenses or certifications
	4813	+	previously issued by the Department in any case where the individual
	4814	+	holding any such license or certification is determined
	4815	+
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	4820	+	5
	4821	+	6
	4822	+	7
	4823	+	8
	4824	+	9
	4825	+	10
	4826	+	11
	4827	+	12
	4828	+	13
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	4840	+
	4841	+	substantially to have failed to conform to the requirements of such
	4842	+	standards. The Department may als o warn, censure, impose
	4843	+	administrative fines, or use other remedies that may be considered
	4844	+	to be less than revocation and suspension. Administrative fines
	4845	+	imposed pursuant to this section shall not exceed One Thousand
	4846	+	Dollars ($1,000.00) per vi olation. The Department shall consider
	4847	+	the scope, severity, and repetition of the violation and any
	4848	+	additional factors deemed appropriate by the Department when issuing
	4849	+	a fine. The Department may utilize one or more administrative law
	4850	+	judges to conduct administrati ve proceedings;
	4851	+	5. Establish and carry out procedures designed to ensure that
	4852	+	individuals licensed or certified as long -term care administrators
	4853	+	will, during any period that they serve as such, comply with the
	4854	+	requirements of such standards;
	4855	+	6. Receive, investigate, and take appropriate a ction with
	4856	+	respect to any charge or complaint filed with the Department to the
	4857	+	effect that any individual licensed as a long -term care
	4858	+	administrator has failed to comply with the requirements of such
	4859	+	standards. The long-term care ombudsman program of the Aging
	4860	+	Services Division of the Department of Human Services Office of the
	4861	+	State Long-Term Care Ombudsman shall be notified of all complaint
	4862	+	investigations of the Department so that they may be present at any
	4863	+	such complaint investigation for the purpose of representing long-
	4864	+	term care facility consumers;
	4865	+
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	4890	+
	4891	+	7. Receive and take appropriate action on any complaint or
	4892	+	referral received by the Department from the Department of Human
	4893	+	Services or any other regulatory agency. A comp laint shall not be
	4894	+	published on the website of the Department unless there is a finding
	4895	+	by the Department that the complaint has merit. The Commissioner
	4896	+	shall promulgate rules that include, but are not limited to,
	4897	+	provisions for:
	4898	+	a. establishing a complaint review process,
	4899	+	b. creating a formal complaint file,
	4900	+	c. establishing a protocol for investigation of
	4901	+	complaints, and
	4902	+	d. establishing an independent informal dispute
	4903	+	resolution process in accordance with Section 9 1-
	4904	+	1949.7 of this act title;
	4905	+	8. Enforce the provisions of this act the Long-Term Care
	4906	+	Administrator Licensing Act against all persons who are in violation
	4907	+	thereof including, but not limited to, individuals who are
	4908	+	practicing or attempting to practice as long -term care
	4909	+	administrators without proper authorization from the Departmen t;
	4910	+	9. Conduct a continuing study and investigation of long -term
	4911	+	care facilities and administrators of long -term care facilities
	4912	+	within the state with a view toward the improvement of the standards
	4913	+	imposed for the licensi ng or certifying of such administra tors and
	4914	+	of procedures and methods for the enforcement of such standards with
	4915	+
	4916	+	ENGR. S. B. NO. 1709 Page 43 1
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	4941	+	respect to administrators of long -term care facilities who have been
	4942	+	licensed or certified;
	4943	+	10. Cooperate with and provide assistan ce when necessary to
	4944	+	state regulatory agencies in investigations of complaints;
	4945	+	11. Develop a code of ethics for long -term care administrators
	4946	+	which includes, but is not limited to, a statement that
	4947	+	administrators have a fiduciary duty to the facility and cannot
	4948	+	serve as guardian of the person or of the estate, or hold a durable
	4949	+	power of attorney or power of attorney for any resident of a
	4950	+	facility of which they are an administrator;
	4951	+	12. Report a final adverse action against a long -term care
	4952	+	administrator to the Healthcare Integrity and Protection Dat a Bank
	4953	+	pursuant to federal regulatory requirements;
	4954	+	13. Refer completed investigations to the proper law
	4955	+	enforcement authorities for prosecution of criminal activities;
	4956	+	14. Impose administrative fines, in an amount to b e determined
	4957	+	by the Commissioner, a gainst persons who do not comply with the
	4958	+	provisions of this act the Long-Term Care Administrator Licensing
	4959	+	Act or the rules adopted by the Commissioner. Administrative fines
	4960	+	imposed pursuant to this section s hall not exceed One Thousand
	4961	+	Dollars ($1,000.00) per violation. The Department shall consider
	4962	+	the scope, severity, and repetition of the violation and any
	4963	+	additional factors deemed appropriate by the Department when issuing
	4964	+	a fine;
	4965	+
	4966	+	ENGR. S. B. NO. 1709 Page 44 1
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	4990	+
	4991	+	15. Assess the costs of the heari ng process, including attorney
	4992	+	fees;
	4993	+	16. Grant short-term provisional licenses to individuals who do
	4994	+	not meet all of the licensing requirements, provided the individual
	4995	+	obtains the services of a currently licensed administrator to act as
	4996	+	a consultant and meets any additional criteria for a provisional
	4997	+	license established by the Commissioner;
	4998	+	17. Promulgate rules governing the employment of assistant
	4999	+	administrators including, but not limited to, minimum
	5000	+	qualifications; and
	5001	+	18. Employ such staff as may be necessary to carry out the
	5002	+	duties of this act the Long-Term Care Administrator Licensing Act .
	5003	+	SECTION 31. AMENDATORY 63 O.S. 2021, Section 1 -1950.4,
	5004	+	is amended to read as follows:
	5005	+	Section 1-1950.4. A. 1. The State Dep artment of Health, in
	5006	+	conjunction with the Off ice of the State Long -term Care Ombudsman of
	5007	+	the Department of Human Services, shall develop a uniform employment
	5008	+	application to be used in the hiring of nurse aide staff by a
	5009	+	nursing facility or a specialized facility as such terms are defined
	5010	+	in the Nursing Home Care Act, a residential care home, as such term
	5011	+	is defined by the Residential Care Act, an assisted living center as
	5012	+	such term is defined by the Continuum of Care and Assisted Living
	5013	+	Act, a continuum of care facility as defined by the Continuum of
	5014	+	Care and Assisted Living Act, a hospice inpatient facility or
	5015	+
	5016	+	ENGR. S. B. NO. 1709 Page 45 1
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	5040	+
	5041	+	program providing hospice services as such terms are defined by the
	5042	+	Oklahoma Hospice Licensing Act, an adult day care center as such
	5043	+	term is defined by the Ad ult Day Care Act, and a home care a gency as
	5044	+	defined by the Home Care Act. Such uniform application shall be
	5045	+	used as the only application for employment of nurse aides in such
	5046	+	facilities on and after January 1, 2001.
	5047	+	2. Nothing in this section shall prohibit the State Department
	5048	+	of Health or any other state agency from requiring applicants for
	5049	+	any position in the classified service to be certified by the state
	5050	+	using the State of Oklahoma Employment Application employment
	5051	+	application.
	5052	+	B. The uniform employ ment application shall be designed to
	5053	+	gather all pertinent information for entry into the nurse aide
	5054	+	registry maintained by the State Department of Health. The uniform
	5055	+	application shall also contain:
	5056	+	1. A signature from the applicant to confir m or deny any
	5057	+	previous felony conviction;
	5058	+	2. A release statement for the applicant to sign giving the
	5059	+	State Department of Health and the Oklahoma State Bureau of
	5060	+	Investigation the authority to proceed with the state or national
	5061	+	criminal history record checks; and
	5062	+	3. Such other information deemed nec essary by the Department.
	5063	+	C. The Department shall provide implementation training on the
	5064	+	use of the uniform employment application.
	5065	+
	5066	+	ENGR. S. B. NO. 1709 Page 46 1
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	5090	+
	5091	+	SECTION 32. AMENDATORY 63 O.S. 2021, Section 1 -2212, is
	5092	+	amended to read as follows:
	5093	+	Section 1-2212. As used in the Long-Term Care Ombudsman Act:
	5094	+	1. “Office” means the Office of the State Long -Term Care
	5095	+	Ombudsman. For purposes of the Long -Term Care Ombudsman Act, any
	5096	+	area or local ombudsman entity designated by the State Long-Term
	5097	+	Care Ombudsman shall be deemed to be a subdivision of this Office;
	5098	+	2. “State Long-Term Care Ombudsman” means the individual
	5099	+	employed by the Department of Human Services State Department of
	5100	+	Health to be the chief administrative o fficer head of the Office;
	5101	+	3. “Department” means the Department of Human Services State
	5102	+	Department of Health ;
	5103	+	4. “Representative” means the State Long -Term Care Ombudsman,
	5104	+	and any state, area, or local long-term care ombudsman designated by
	5105	+	the State Long-Term Care Ombudsman, whether paid or unpaid; and
	5106	+	5. “Resident” means any person residing in a long -term care
	5107	+	facility.
	5108	+	SECTION 33. AMENDATORY 63 O.S. 2021, Section 1 -2213, is
	5109	+	amended to read as follows:
	5110	+	Section 1-2213. A. There is hereby created within the
	5111	+	Department of Human Services State Department of Health the Office
	5112	+	of the State Long-Term Care Ombudsman. The Office, under the
	5113	+	auspices and general direction of the State Long -Term Care
	5114	+	Ombudsman, shall carry out a long -term care ombudsman program in
	5115	+
	5116	+	ENGR. S. B. NO. 1709 Page 47 1
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	5140	+
	5141	+	accordance with the Older Americans Act of 1965, as amended, and in
	5142	+	accordance with federal regulations issued pursuant to the Older
	5143	+	Americans Act or as provided by the Long -Term Care Ombudsman Act.
	5144	+	B. The State Long-Term Care Ombudsman shall, personally or
	5145	+	through representatives of the Office:
	5146	+	1. Identify, investigate , and resolve complaints that:
	5147	+	a. are made by, or on behalf of, residents, and
	5148	+	b. relate to action, inaction , or decisions, of:
	5149	+	(1) providers, or representatives of provide rs, of
	5150	+	long-term care services,
	5151	+	(2) public agencies, or
	5152	+	(3) health and social service agencies,
	5153	+	that may adversely affect the health, safety, welfare , or rights of
	5154	+	the residents;
	5155	+	2. Provide services to assist the residents in protecting their
	5156	+	health, safety, welfare, and rights;
	5157	+	3. Inform residents about means of obtaining services offered
	5158	+	by providers or agencies;
	5159	+	4. Ensure that the residents have regular and timely access to
	5160	+	the services provided through the Office;
	5161	+	5. Ensure that the residents and co mplainant receive timely
	5162	+	responses from the Office and representatives of the Office
	5163	+	regarding complaints;
	5164	+
	5165	+	ENGR. S. B. NO. 1709 Page 48 1
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	5189	+
	5190	+	6. Represent the interests of residents before governmental
	5191	+	agencies and seek administrative, legal , and other remedies to
	5192	+	protect the health, safety, welfare, and rights of the resid ents;
	5193	+	7. Provide administrative and technical assistance to area or
	5194	+	local ombudsman entities to assist the entities in participating in
	5195	+	the State Long-Term Care Ombudsman Program;
	5196	+	8. a. analyze, comment on, and monitor the development and
	5197	+	implementation of federal, state, and local laws,
	5198	+	rules, and other government policies and actions that
	5199	+	pertain to the health, safety, welfare , and rights of
	5200	+	the residents, with respect to the adequacy of long -
	5201	+	term care facilities and services in this state,
	5202	+	b. recommend any changes in such laws, rules, policies ,
	5203	+	and actions as the Office determines to be
	5204	+	appropriate, and
	5205	+	c. facilitate public comment on the laws, rules,
	5206	+	policies, and actions;
	5207	+	9. a. provide for training representatives of the Office,
	5208	+	b. promote the developm ent of citizen organizations, to
	5209	+	participate in the State Long -Term Care Ombudsman
	5210	+	Program, and
	5211	+	c. provide technical support for the development of
	5212	+	resident and family councils to protect the well -being
	5213	+	and rights of residents; and
	5214	+
	5215	+	ENGR. S. B. NO. 1709 Page 49 1
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	5239	+
	5240	+	10. Carry out such othe r activities as the Commission for Human
	5241	+	Services State Commissioner of Health determines to be appropriate.
	5242	+	C. 1. In carrying out the duties of the Office, the State
	5243	+	Long-Term Care Ombudsman may designate an entity as an area or local
	5244	+	Ombudsman entity, and may designate an employee or volunteer to
	5245	+	represent the entity.
	5246	+	2. An individual so designated shall, in accordance with the
	5247	+	policies and procedures established by the Office and Commission for
	5248	+	Human Services the Commissioner, carry out such duties an d
	5249	+	activities as required by the State Long -Term Care Ombudsman
	5250	+	pursuant to the authority granted by the Long -Term Care Ombudsman
	5251	+	Act and rules promulgated by the Commission Commissioner thereto.
	5252	+	3. Entities eligible to b e designated as area or local
	5253	+	Ombudsman entities, and individuals eligible to be designated as
	5254	+	representatives of such entities, shall:
	5255	+	a. have demonstrated capability to carry out the
	5256	+	responsibilities of the Office,
	5257	+	b. be free of conflicts of i nterest,
	5258	+	c. in the case of the entities, be pu blic or nonprofit
	5259	+	private entities, and
	5260	+	d. meet such additional requirements as the Ombudsman may
	5261	+	specify.
	5262	+	D. 1. In accordance with the Older Americans Act of 1965, as
	5263	+	amended, and in accordance with federal regulations issued pursuant
	5264	+
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	5289	+
	5290	+	thereto, or as otherwise provided by the Long -Term Care Ombudsman
	5291	+	Act, the State Long-Term Care Ombudsman and representatives of the
	5292	+	Office shall have:
	5293	+	a. access to long-term care facilities and residents,
	5294	+	b. (1) access to review the medical and social records
	5295	+	of a resident, if:
	5296	+	(a) the representative of the Office has the
	5297	+	permission of the resident, or the legal
	5298	+	representative of the resident, or
	5299	+	(b) the resident is unable to consent to the
	5300	+	review and has no legal representative and
	5301	+	the representative of the Office obtains the
	5302	+	approval of the State Long -Term Care
	5303	+	Ombudsman, or
	5304	+	(2) access to the records as is necessary to
	5305	+	investigate a complaint if:
	5306	+	(a) a legal guardian of the resident refuses to
	5307	+	give the permission,
	5308	+	(b) a representative of the Office has
	5309	+	reasonable cause to believe that the
	5310	+	guardian is not acting in the best interests
	5311	+	of the resident, and
	5312	+	(c) the representative obtains the approval of
	5313	+	the State Long-Term Care Ombudsman,
	5314	+
	5315	+	ENGR. S. B. NO. 1709 Page 51 1
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	5340	+	c. access to the administrative records, policies , and
	5341	+	documents, to which the residents h ave, or the general
	5342	+	public has access, of long -term care facilities, and
	5343	+	d. access to copies of all licensing and certification
	5344	+	records maintained by the Department or any other
	5345	+	agency of this state with respec t to long-term care
	5346	+	facilities.
	5347	+	2. For purposes of this subsection, the term “Representative
	5348	+	“representative of the Office” shall not include any unpaid or
	5349	+	volunteer state, area, or local ombudsman.
	5350	+	SECTION 34. AMENDATORY 63 O.S. 2021, Secti on 1-2214, is
	5351	+	amended to read as fo llows:
	5352	+	Section 1-2214. A. For purposes of the The Governmental Tort
	5353	+	Claims Act, any state, area , or local long-term care ombudsman shall
	5354	+	be deemed to be an employee of this state and as such shall not be
	5355	+	personally liable for any act or omission made wit hin the “scope of
	5356	+	employment”, as such term is defined by the The Governmental Tort
	5357	+	Claims Act.
	5358	+	B. 1. The Department of Human Services State Department of
	5359	+	Health shall assure that adequate legal counsel is available to the
	5360	+	Office of the State Long -Term Care Ombudsman for the advice and
	5361	+	consultation needed to protect the health, safety, welfare , and
	5362	+	rights of residents, and that legal representation is provided to
	5363	+	any representative of the Office:
	5364	+
	5365	+	ENGR. S. B. NO. 1709 Page 52 1
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	5389	+
	5390	+	a. against whom suit or other legal action is brought in
	5391	+	connection with any act or omission of a
	5392	+	representative made within the scope of employment, or
	5393	+	b. to assist the ombudsman and representatives of the
	5394	+	Office in the performance of their official duties.
	5395	+	2. The provisions of this section shall not be construe d to
	5396	+	require or authorize any legal counsel provided by the Department of
	5397	+	Human Services to represent any resident of a nursing facility in an
	5398	+	individual capacity.
	5399	+	SECTION 35. AMENDATORY 63 O.S. 2021, Section 1-2216, is
	5400	+	amended to read as follows:
	5401	+	Section 1-2216. A. The Commission for Human Services State
	5402	+	Commissioner of Health shall promulgate rules regarding:
	5403	+	1. The powers and official duties of the State Long -Term Care
	5404	+	Ombudsman consistent wi th applicable federal law and rules or as
	5405	+	provided by the Long -Term Care Ombudsman Act;
	5406	+	2. Minimum qualifications for persons to serve as
	5407	+	representatives of the Office of the State Long -Term Care Ombudsman;
	5408	+	3. Initial and continuing training r equirements for ombudsman
	5409	+	staff and volunteers which shall provide for a minimum of eighteen
	5410	+	(18) hours of continuing education relevant to the care of the aging
	5411	+	and disabled;
	5412	+	4. The minimum number of visits that must be made by an
	5413	+	ombudsman to the assigned faciliti es;
	5414	+
	5415	+	ENGR. S. B. NO. 1709 Page 53 1
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	5439	+
	5440	+	5. The proper documentation an d reporting of visits made to
	5441	+	facilities by the ombudsman;
	5442	+	6. Procedures to ensure that officers, employees , or other
	5443	+	representatives of the Office are not subject to a conflict of
	5444	+	interest which would impair their ability to carry out their
	5445	+	official duties in an impartial manner; and
	5446	+	7. The disclosure by the State Long -Term Care Ombudsman or area
	5447	+	or local Ombudsman entities of files maintained by the State Long -
	5448	+	Term Care Ombudsman Program. Such rules shall:
	5449	+	a. provide that such files and records may be disclosed
	5450	+	only at the discretion of the State Long -Term Care
	5451	+	Ombudsman or the person designated by the State Long -
	5452	+	Term Care Ombudsman to disclose the files and records,
	5453	+	and
	5454	+	b. prohibit the disclosure of the ide ntity of any
	5455	+	complainant or resident with resp ect to whom the
	5456	+	Office maintains such files or records unless:
	5457	+	(1) the complainant or resident, or the legal
	5458	+	representative of the complainant or resident,
	5459	+	consents to the disclosure and the consent is
	5460	+	given in writing,
	5461	+	(2) (a) the complainant or resident gives consent
	5462	+	orally, and
	5463	+
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	5489	+	(b) the consent is documented contemporaneously
	5490	+	in a writing made by a State Long -Term Care
	5491	+	Ombudsman representative of the Office in
	5492	+	accordance with such rules as the Commission
	5493	+	Commissioner shall promulgate, or
	5494	+	(3) the disclosure is required by court order.
	5495	+	B. The Oklahoma State Council on Aging and Adult Protective
	5496	+	Services, established by the Commission for Human Services
	5497	+	Commissioner to review, monitor, and evaluate programs targeted to
	5498	+	older persons, shall serve in an adviso ry capacity to the State
	5499	+	Long-Term Care Ombudsman through establishment of a committee with
	5500	+	equal provider and consumer representation.
	5501	+	SECTION 36. This act shall become effective November 1, 20 24.
	5502	+	Passed the Senate the 5th day of March, 2024.
	5503	+
	5504	+
	5505	+
	5506	+	Presiding Officer of the Senate
	5507	+
	5508	+
	5509	+	Passed the House of Representatives the ____ day of __________,
	5510	+	2024.
1703	5511
1704	5512
1705	5513
1706	5514		Presiding Officer of the House
1707	5515		of Representatives
1708	5516
1709		-	OFFICE OF THE GOVERNOR
1710		-	Received by the Office of the Governor this _______ _____________
1711		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
1712		-	By: _________________________________
1713		-	Approved by the Governor of the S tate of Oklahoma this _______ __
1714		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
1715		-
1716		-	_________________________________
1717		-	Governor of the State of Oklahoma
1718		-
1719		-
1720		-	OFFICE OF THE SECRETARY OF STATE
1721		-	Received by the Office of the Secretary of State this __________
1722		-	day of _________________ _, 20 _______, at _______ o'clock _______ M.
1723		-	By: _________________________________
	5517	+