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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1674 By: Cantrell
AS INTRODUCED
An Act relating to nursing homes; amending 63 O.S.
2021, Section 1-1902, as amended by Section 8,
Chapter 339, O.S.L. 2024 (63 O.S. Sup p. 2024, Section
1-1902), which relates to the Nursing Homes Care Act;
adding a definition; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Sec tion 1-1902, as
amended by Section 8, Chapter 339, O.S.L. 2024 (63 O.S. Supp. 2024,
Section 1-1902), is amended to read as follows:
Section 1-1902. As used in the Nursing Home Care Act:
1. "Abuse" means the willful infliction of injury, unreasonable
confinement, intimidation, or punishment, with resulting physical
harm, impairment, or mental anguish;
2. "Access" means the right of a person to enter a facility to
communicate privately and without unreasonable restriction when
invited to do so by a residen t. A representative of the Office of
the State Long-Term Care Ombudsman and a case manager employed by
the Department of Mental Health and Substance Abuse Services or one
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of its contract agencies shall have right of access to enter a
facility, communicate privately and without unreasonable restriction
with any resident who consents to the communication, to seek consent
to communicate privately and without restriction with any resident,
and to observe all areas of the facility that directly pertain to
the patient care of the resident without infringing upon the privacy
of the other residents without first obtaining their consent;
3. "Administrator" means the person licensed by the State of
Oklahoma who is in charge of a facility. An administrator must
devote at least one-third (1/3) of such person 's working time to on -
the-job supervision of the facility; provided, that this requirement
shall not apply to an administrator of an intermediate care facility
for individuals with intellectual disabilities with si xteen or fewer
beds (ICF/IID-16), in which case the person licensed by the sta te
may be in charge of more than one such ICF/IID -16 facility, if such
facilities are located within a circle that has a radius of not more
than fifteen (15) miles, the total num ber of facilities and beds
does not exceed six facilities and sixty -four beds, and each such
ICF/IID-16 facility is supervised by a qualified professional. The
facilities may be free -standing in a community or may be on campus
with a parent institution. The ICF/IID-16 facility may be
independently owned and operated or may be part of a larger
institutional operation;
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4. "Advisory Board" means the Long-Term Care Facility Advisory
Board;
5. "Adult companion home " means any home or establishment,
funded and certified by the Department of Human Services, which
provides homelike residential accommodations and supportive
assistance to three or fewer adults with intellectual or
developmental disabilities;
6. "Board" means the State Board of Health;
7. "Commissioner" means the State Commissioner of Health;
8. "Department" means the State Department of Health;
9. "Facility" means a nursing facility and a specialized home;
provided, this term shall not include a residential care home or an
adult companion home;
10. "Nursing facility" means a home, an establishment, or an
institution, a distinct part of which is primarily engaged in
providing:
a. skilled nursing care and related services for
residents who require medical or nursing care,
b. rehabilitation servic es for the rehabilitation of
injured, disabled, or sick persons, or
c. on a regular basis, health-related care and services
to individuals who because of their mental or physical
condition require care and services beyond the level
of care provided by a re sidential care home and which
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can be made available to them only through a nursing
facility.
Nursing facility does not mean, for purposes of Section 1 -851.1 of
this title, a facility constructed or operated by an entity
described in paragraph 7 of subsecti on B of Section 6201 of Title 74
of the Oklahoma Statutes or the nursing care component of a
continuum of care facility, as such term is defined under the
Continuum of Care and Assisted Living Act, to the extent that the
facility constructed or operated by an entity described in paragraph
7 of subsection B of Section 6201 of Title 74 of the Oklahoma
Statutes contains such a nursing care component;
11. "Specialized facility " means any home, establishment, or
institution which offers or provides inpatient lo ng-term care
services on a twenty -four-hour basis to a limited category of
persons requiring such services, including but not limited to a
facility providing health or habilitation services for individuals
with intellectual or developmental disabilities, b ut does not mean,
for purposes of Section 1 -851.1 of this title, a facility
constructed or operated by an entity described in paragraph 7 of
subsection B of Section 6201 of Title 74 of the Oklahoma Statutes or
the nursing care component of a continuum of c are facility, as such
term is defined under the Continuum of Care and Assisted Living Act,
to the extent that the facility constructed or operated by an entity
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described in paragraph 7 of subsection B of Section 6201 of Title 74
of the Oklahoma Statutes co ntains such a nursing care component;
12. "Residential care home " means any home, establishment, or
institution licensed pursuant to the provisions of the Residential
Care Act other than a hotel, motel, fraternity or sorority house, or
college or university dormitory, which offers or provides
residential accommodations, food servic e, and supportive assistance
to any of its residents or houses any resident requiring supportive
assistance. The residents shall be persons who are ambulatory and
essentially capable of managing their own affairs, but who do not
routinely require nursing care; provided, the term residential care
home shall not mean a hotel, motel, fraternity or sorority house, or
college or university dormitory, if the facility operates in a
manner customary to its description and does not house any person
who requires supportive assistance from the facility in order to
meet an adequate level of daily living;
13. "Licensee" means the person, a corporation, partnership, or
association who is the o wner of the facility which is licensed by
the Department pursuant to the provisions of the Nursing Home Care
Act;
14. "Maintenance" means meals, shelter, and laundry services;
15. "Medication preparation " means any licensed nurse,
performing duties withi n the scope of their licensure as established
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by the Oklahoma Board of Nursing , may prepare medications for
administration including the reconstitution of said medications;
16. "Neglect" means failure to provide goods and/or services
necessary to avoid ph ysical harm, mental anguish, or mental illness;
16. 17. "Owner" means a person, corporation, partnership,
association, or other entity which owns a facility or leases a
facility. The person or entity that stands to profit or lose as a
result of the financial success or failure of the operation shall be
presumed to be the owner of the facility. Notwithstanding the
foregoing, any nonstate governmental entity that has acquired and
owns or leases a facility and that has entered into an agreement
with the Oklahoma Health Care Authority to participate in the
nursing facility supplemental payment program (UPL Owner) shall be
deemed the owner of such facility and shall be authorized to obtain
management services from a management services provider (UPL
Manager), and to delegate, allocate, and assign as between the UPL
Owner and UPL Manager , compensation, profits, losses, liabilities,
decision-making authority, and responsibilities, including
responsibility for the employment, direction, supervision, and
control of the facility's administrator and staff;
17. 18. "Personal care" means assistance with meals, dressing,
movement, bathing or other personal needs or maintenance, or general
supervision of the physical and mental well -being of a person, who
is incapable of maintaining a private, independent residence, or who
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is incapable of managing his or her person, whether or not a
guardian has been appointed for such person;
18. 19. "Resident" means a person residing in a facility due to
illness, physical or mental inf irmity, or advanced age;
19. 20. "Representative of a resident " means a court-appointed
guardian or, if there is no court -appointed guardian, the parent of
a minor, a relative, or other person, designated in writing by the
resident; provided, that any own er, operator, administrator, or
employee of a facility subject to the provisio ns of the Nursing Home
Care Act, the Residential Care Act, or the Group Homes for Persons
with Developmental or Physical Disabilities Act shall not be
appointed guardian or limit ed guardian of a resident of the facility
unless the owner, operator, administrator, or employee is the spouse
of the resident, or a relative of the resident within the second
degree of consanguinity and is otherwise eligible for appointment;
and
20. 21. "Supportive assistance " means the service rendered to
any person which is less than the service provided by a nursing
facility but which is sufficient to enable the person to meet an
adequate level of daily living. Supportive assistance includes but
is not limited to housekeeping, assistance in the preparation of
meals, assistance in the safe storage, distribution, and
administration of medications, and assistance in personal care as is
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necessary for the health and comfort of such person. Supportive
assistance shall not include medical service.
SECTION 2. This act shall become effective November 1, 2025.
60-1-10525 TJ 01/16/25