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SENATE FLOOR VERSION
February 13, 2025
SENATE BILL NO. 392 By: Bergstrom of the Senate
and
Kendrix of the House
An Act relating to public health and safety; amending
63 O.S. 2021, Section 1 -1923, as amended by Section
1, Chapter 197, O.S.L. 2 023 (63 O.S. Supp. 2024,
Section 1-1923), which relates to the Long -Term Care
Facility Advisory Council; extending sunset date;
updating statutory language; providing an effective
date; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE ST ATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -1923, as
amended by Section 1, Chapter 197, O.S.L. 2023 (63 O.S. Supp. 2024,
Section 1-1923), is amended to read as follows:
Section 1-1923. A. There is hereby re -created, to continue
until July 1, 2025 July 1, 2026, in accordance with the provisions
of the Oklahoma Sunset Law, a Long -Term Care Facility Advisory
Council which shall be composed as follows:
1. The Governor sha ll appoint a thirteen -member Long-Term Care
Facility Advisory Council which shall advise the State Commissioner
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of Health. The Advisory Council shall be comprised of the following
persons:
a. one representative from the Oklahoma Health Care
Authority, designated by the Administrator,
b. one representative from the Department of Mental
Health and Substance Abuse Services, designated by the
Commissioner of Mental Health and Substance Abuse
Services,
c. one representative from the Department of Human
Services, designated by the Director of Human
Services,
d. one member who shall be a licensed general
practitioner of the medical or osteopathic profession,
e. one member who shall be a registered pharmacist,
f. one member who shall be a licensed registered nurse
Registered Nurse or licensed practical nurs e Licensed
Practical Nurse,
g. one member who shall be an operator -administrator of a
nursing home which has a current license issued
pursuant to the Nursing Home Care Act and who shall
have had five (5) years ’ experience in the nursing
home profession as an operator-administrator,
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h. one member who shall be an operator -administrator of a
residential care home licensed pursuant to the
provisions of the Residential Care Act,
i. one member who shall be an owner -operator of an adult
day care facility licensed pursuant to the provisions
of the Adult Day Care Act,
j. one member who shall be an owner -operator of a
continuum of care facility or assisted living center
licensed pursuant to the provisions of the Continuum
of Care and Assisted Living Act,
k. two members who shall be over the age of sixty -five
(65) who shall represent the general public and have
no long-term care professional work history, and
l. one member who shall be over the age of sixty -five
(65) who shall represent the general public and who
advocates for individuals receiving long -term care
services; and
2. Appointments shall be for two -year terms. Members shall
serve at the pleasure of their designators. Members may be
reappointed not to exceed two ter ms. In case of a vacancy, the
Governor shall appoint individuals to fill the remainder of the
term.
B. The State Department of Health shall provide administrative
support to perform designated duties of the Advisory Council. The
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Department shall also provide space for meetings of the Advisory
Council.
C. The Advisory Council shall annually elect a chair, vice-
chair vice chair and secretary-treasurer, shall meet at least
quarterly, and may hold such special meetings as may be necessary.
The members of the Advisory Council shall be reimbursed as provided
for by the State Travel Reimbursement Act.
D. The Advisory Council shall have the power and duty to:
1. Serve as an advisory body to the Department for the
development and improvement of services to and care and treatment of
residents of facilit ies subject to the provisions of the Nursing
Home Care Act, homes subject to the provisions of the Residential
Care Act and facilities subject to the provisions of the Adult Day
Care Act;
2. Review and make recom mendations regarding quality of
services, care, and treatment provided to individuals receiving
services from entities that are subject to the Nursing Home Care
Act, the Residential Care Act and the Adult Day Care Act; and
3. Evaluate and review the standards, practices, and procedures
regarding the administration and enforcement of the provisions of
the Nursing Home Care Act, the Residential Care Act and the Adult
Day Care Act.
SECTION 2. This act shall become effective July 1, 2025.
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SECTION 3. It being immediatel y necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON A DMINISTRATIVE RULES
February 13, 2025 - DO PASS