1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3793 By: Hefner
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6 AS INTRODUCED
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7 An Act relating to licensing for nursing homes and
7 residential care facilities; amending 63 O.S. 2021,
8 Section 1-822, which relates to license, application,
8 nature, oath, zoning statement, qualifications,
9 statement of ownership, and fees; adding an age
9 requirement; establishing a separate license for
10 minors; amending 63 O.S. 2021, Section 1-1904, which
10 relates to licensure and certification, purpose,
11 procedure, violations, and applications; adding an
11 age requirement; establishing a separate license for
12 minors; and providing an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-822, is
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16 amended to read as follows:
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17 Section 1-822. A. An application for a license, or renewal
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18 thereof, to establish or operate a residential care home for
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19 eighteen (18) years of age or older patients, shall be accompanied
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20 by a fee of Fifty Dollars ($50.00) for the probationary license and
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21 Twenty-five Dollars ($25.00) per year for the renewal license. The
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22 fee shall not be refunded. Except as provided for in Section 1-824
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23 of this title, a license shall expire thirty-six (36) months from
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24 the date of issuance, unless sooner revoked, and may be renewed by
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 1 the State Department of Health pursuant to the provisions of the
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2 Residential Care Act. Renewal licenses may be issued for a period
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3 of more than twenty-four (24) months, but not more than thirty-six
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4 (36) months, for the license period immediately following November
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5 1, 2021, in order to permit an equitable distribution of license
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6 expiration dates. All licenses shall be on a form prescribed by the
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7 State Commissioner of Health, and shall include, but not be limited
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8 to, the maximum bed capacity for which the license is granted, the
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9 date the license was issued, and the expiration date of the license.
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10 The provisions of the license shall require that the license shall:
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11 1. Not be transferable or assignable except as authorized by
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12 the provisions of the Residential Care Act;
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13 2. Be posted in a conspicuous place on the licensed premises;
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14 and
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15 3. Be issued only for the premises named in the application and
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16 may be renewed upon application, inspection and payment of the
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17 license fee, as required by the provisions of the Residential Care
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18 Act.
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19 B. An application shall contain the following information:
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20 1. The name and address of the owner of the home. If the owner
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21 is a firm or partnership, the name and address of each member
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22 thereof shall be included in the application. If the owner is a
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23 corporation, the name and address of the corporation and the name
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 1 and address of each officer and registered agent of the corporation
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2 shall be included in the application;
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3 2. The name and address of the applicant if the applicant is
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4 not the owner and is acting as agent for the owner;
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5 3. The name and location of the home for eighteen (18) years of
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6 age or older patients for which a license is sought;
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7 4. The name of the administrator of the home;
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8 5. The number and type of residents for whom services are to be
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9 provided; and
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10 6. The staffing pattern for providing resident care. In the
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11 case of an application for an initial license, the staffing pattern
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12 shown may be the projected staffing pattern.
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13 C. Each initial application shall be accompanied by a statement
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14 from the unit of local government having zoning jurisdiction over
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15 the location of the home for eighteen (18) years of age or older
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16 patients stating that the location is not in violation of a zoning
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17 ordinance.
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18 D. 1. An applicant shall be twenty-one (21) years of age or
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19 older and meet the specific requirements for licensure as specified
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20 in rules promulgated by the State Commissioner of Health pursuant to
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21 the provisions of the Residential Care Act.
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22 2. No person who has been convicted of a felony in connection
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23 with the management or operation of a home, or facility as defined
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24 in Section 1-1902 of this title or in the care and treatment of the
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 1 residents of a home, or facility as defined in Section 1-1902 or 1-
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2 1950.1 of this title shall be eligible to be licensed or to
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3 participate in the management or operation of a home.
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4 3. If the applicant is a firm, partnership, or corporation, the
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5 applicant shall not be eligible to be licensed if any member of the
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6 firm or partnership or any officer or major stockholder of the
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7 corporation has been convicted of a felony in connection with the
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8 operation or management of a home or facility or the care and
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9 treatment of the residents of a home or facility as defined in
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10 Section 1-1902 of this title.
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11 E. 1. The application for a license or renewal of a license
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12 shall be accompanied by a statement of ownership which shall include
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13 the following:
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14 a. the name, address, telephone number, occupation or
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15 business activity, business address, and business
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16 telephone number of the owner of the home for eighteen
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17 (18) years of age or older patients and of every
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18 person who owns the building in which the home for
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19 eighteen (18) years of age or older patients is
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20 located. If the owner is a partnership or
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21 corporation, the name and address of each partner and
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22 stockholder with an ownership interest of five percent
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23 (5%) or more shall be included in the statement, and
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 1 b. the name and address of any other home in which the
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2 owner has a full or partial financial interest or, if
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3 the owner is a partnership or corporation, any other
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4 home in which the partnership or corporation has a
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5 full or partial financial interest. The statement
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6 shall indicate whether or not any other home wherein a
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7 full or partial financial interest is held would, if
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8 located in this state, be required to be licensed.
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9 2. The applicant shall agree in writing, prior to the issuance
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10 of a license, to notify the Department if there is any change in the
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11 information required to be included in the statement of ownership
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12 thirty (30) days in advance of such change. The information
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13 contained in the statement of ownership shall be public information
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14 and shall be available upon request from the Department.
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15 F. Upon application of a licensee, a license may be modified in
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16 accordance with the provisions of the Residential Care Act. Such
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17 application for modification of a license shall be accompanied by a
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18 fee of Twenty Dollars ($20.00) and shall be submitted in such form
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19 and manner as required by the Department.
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20 G. Upon payment of the required application fees, the
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21 Commissioner may issue and renew licenses which substantially comply
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22 with the provisions of the Residential Care Act and rules
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23 promulgated pursuant thereto; provided, however, a plan of
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 1 correction shall be submitted and accepted by both parties prior to
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2 licensure.
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3 H. All residential care homes for eighteen (18) years of age or
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4 older patients shall be required to have or employ a licensed
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5 administrator for the home for eighteen (18) years of age or older
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6 patients;
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7 I. There shall be a separate license to establish or operate a
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8 residential care home for patients that are seventeen (17) years of
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9 age or under.
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10 SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-1904, is
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11 amended to read as follows:
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12 Section 1-1904. A. The State Department of Health shall
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13 establish a comprehensive system of licensure and certification for
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14 facilities for eighteen (18) years of age or older patients in
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15 accordance with the Nursing Home Care Act for the purposes of:
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16 1. Protecting the health, welfare and safety of residents;
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17 2. Assuring the accountability for reimbursed care provided in
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18 certified facilities for eighteen (18) years of age or older
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19 patients participating in a federal or state health program as
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20 provided by or through the Oklahoma Health Care Authority; and
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21 3. Assuring consistent application of uniform inspection
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22 protocols.
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23 B. The licensing and certification procedures and standards
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24 provided in this act, or by rules of the State Board of Health,
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 1 shall be no less than provided in statute and rules currently
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2 governing nursing facilities for eighteen (18) years of age or older
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3 patients.
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4 C. It shall be unlawful and upon conviction thereof, punishable
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5 as a misdemeanor for any person to operate, manage or open a
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6 facility for eighteen (18) years of age or older patients unless
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7 such operation and management shall have been approved and regularly
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8 licensed as hereinafter provided.
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9 D. Before an initial license shall be issued pursuant to the
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10 Nursing Home Care Act to operate and manage a facility for eighteen
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11 (18) years of age or older patients, the applicant shall provide the
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12 following:
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13 1. An application on a form provided by the Department
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14 containing, at a minimum, the following information:
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15 a. the name and address of the applicant, if an
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16 individual, and that the applicant is not less than
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17 twenty-one (21) years of age, of reputable and
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18 responsible character, and in sound physical and
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19 mental health; and if a firm, partnership, or
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20 association, of every member thereof; and in the case
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21 of a corporation, the name and address thereof and of
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22 its officers and its registered agent and like
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23 evidence for officers, as submitted for an individual,
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 1 b. the name and location of the facility for eighteen
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2 (18) years of age or older patients for which a
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3 license is sought,
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4 c. the name and address of the person or persons under
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5 whose management or supervision the facility for
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6 eighteen (18) years of age or older patients will be
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7 conducted, and a copy of the written agreement between
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8 the manager and the applicant,
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9 d. the name and address of any other person holding an
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10 interest of at least five percent (5%) in the
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11 ownership, operation or management of the facility for
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12 eighteen (18) years of age or older patients,
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13 e. the number and type of residents for which
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14 maintenance, personal care, specialized or nursing
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15 facility services are to be provided, and
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16 f. a projected staffing pattern for providing patient
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17 care;
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18 2. A statement from the unit of local government having zoning
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19 jurisdiction over the facility's location stating that the location
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20 of the facility for eighteen (18) years of age or older patients is
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21 not in violation of a zoning ordinance; and
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22 3. Documentation that the administrator is the holder of a
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23 current license as a Nursing Home Administrator issued by the
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24 Oklahoma State Board of Examiners for Nursing Home Administrators.
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 1 E. Before issuing an initial license, the Department shall find
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2 that the individual applicant, or the corporation, partnership or
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3 other entity, if the applicant is not an individual, is a person
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4 responsible and suitable to operate or to direct or participate in
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5 the operation of a facility for eighteen (18) years of age or older
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6 patients by virtue of financial capacity, appropriate business or
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7 professional experience, a record of compliance with lawful orders
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8 of the Department and lack of revocation of a license during the
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9 previous five (5) years. In determining the applicant's
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10 responsibility and suitability to operate or to direct or
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11 participate in the operation of a facility for eighteen (18) years
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12 of age or older patients, the Department may also consider the
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13 applicant's record of suspensions, receivership, administrative
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14 penalties, or noncompliance with lawful orders of this Department or
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15 of other departments of other states with similar responsibilities.
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16 F. The State Department of Health shall establish a separate
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17 comprehensive system of licensure and certification for facilities
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18 for patients that are seventeen (17) years of age or under.
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19 SECTION 3. This act shall become effective November 1, 2024.
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21 59-2-9014 TJ 01/12/24
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