1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 571 By: Montgomery
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6 AS INTRODUCED
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7 An Act relating to long-term care; amending 63 O.S.
7 2021, Section 1-1923, which relates to the Long-Term
8 Care Facility Advisory Board; changing name;
8 extending termination date of Long-Term Care Facility
9 Advisory Council; decreasing and modifying
9 membership; fixing appointment lengths; permitting
10 limited reappointment; modifying terminology;
10 modifying and removing powers and duties; and
11 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 1-1923, is
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16 amended to read as follows:
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17 Section 1-1923. A. There is hereby re-created, to continue
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18 until July 1, 2023 July 1, 2025, in accordance with the provisions
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19 of the Oklahoma Sunset Law, a Long-Term Care Facility Advisory Board
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20 Council which shall be composed as follows:
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21 1. The Governor shall appoint a twenty-seven-member thirteen-
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22 member Long-Term Care Facility Advisory Board Council which shall
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23 advise the State Commissioner of Health. The Advisory Board Council
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24 shall be comprised of the following persons:
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 1 a. one representative from the Office of the State Fire
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2 Marshal, designated by the State Fire Marshal,
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3 b. one representative from the Oklahoma Health Care
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4 Authority, designated by the Administrator,
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5 c. b. one representative from the Department of Mental
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6 Health and Substance Abuse Services, designated by the
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7 Commissioner of Mental Health and Substance Abuse
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8 Services,
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9 d. c. one representative from the Department of Human
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10 Services, designated by the Director of Human
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11 Services,
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12 e. d. one member who shall be a licensed general
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13 practitioner of the medical or osteopathic profession,
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14 f. one member who shall be a general practitioner of the
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15 osteopathic profession,
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16 g. e. one member who shall be a registered pharmacist,
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17 h. f. one member who shall be a licensed registered nurse
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18 or licensed practical nurse,
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19 i. one member who shall be a licensed practical nurse,
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20 j. three members who shall be of reputable and
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21 responsible character and sound physical and mental
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22 health and
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23 g. one member who shall be operator-administrators an
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24 operator-administrator of a nursing homes which have
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 1 current licenses home which has a current license
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2 issued pursuant to the Nursing Home Care Act and who
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3 shall have had five (5) years’ experience in the
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4 nursing home profession as operator-administrators an
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5 operator-administrator,
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6 k. three members
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7 h. one member who shall be an operator-administrator of a
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8 residential care home operator-administrators licensed
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9 pursuant to the provisions of the Residential Care
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10 Act,
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11 l. three members
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12 i. one member who shall be an owner-operator of an adult
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13 day care facility owner-operators licensed pursuant to
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14 the provisions of the Adult Day Care Act,
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15 m. three members
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16 j. one member who shall be an owner-operator of a
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17 continuum of care facility or assisted living center
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18 owner-operators licensed pursuant to the provisions of
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19 the Continuum of Care and Assisted Living Act, and
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20 n. six
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21 k. two members who shall be over the age of sixty-five
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22 (65) who shall represent the general public and have
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23 no long-term care professional work history, and
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 1 l. one member who shall be over the age of sixty-five
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2 (65) who shall represent the general public and who
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3 advocates for individuals receiving long-term care
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4 services; and
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5 2. The designated representative from the Office of the State
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6 Fire Marshal, the designated representative from the Department of
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7 Mental Health and Substance Abuse Services, the designated
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8 representative from the Department of Human Services, and the
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9 designated representative from the State Department of Health shall
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10 serve at the pleasure of their designators;
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11 3. The initial appointments of the Governor Appointments shall
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12 be for the following two-year terms:
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13 a. the initial term of the member of the medical
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14 profession shall be for a three-year term,
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15 b. the initial term of the member of the osteopathic
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16 profession shall be for a three-year term,
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17 c. the initial term of the registered pharmacist shall be
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18 for a two-year term,
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19 d. the initial term of the licensed registered nurse
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20 shall be for a two-year term,
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21 e. the initial term of the licensed practical nurse shall
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22 be for a one-year term,
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23 f. of the initial terms for the twelve members who are
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24 licensed operator-administrators for facilities
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 1 pursuant to the Nursing Home Care Act, residential
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2 care homes pursuant to the Residential Care Act, adult
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3 day care facilities pursuant to the Adult Day Care
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4 Act, and continuum of care facilities and assisted
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5 living centers pursuant to the Continuum of Care and
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6 Assisted Living Act, four shall be for one-year terms,
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7 four shall be for two-year terms, and four shall be
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8 for three-year terms; provided that representatives
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9 for each of the terms shall include one individual
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10 representing facilities subject to the provisions of
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11 the Nursing Home Care Act, one individual representing
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12 residential care homes subject to the Residential Care
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13 Act, one individual representing facilities subject to
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14 the provisions of the Adult Day Care Act, and one
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15 individual representing continuum of care facilities
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16 and assisted living centers subject to the provisions
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17 of the Continuum of Care and Assisted Living Act, and
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18 g. the initial terms for the six members of the general
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19 public over the age of sixty-five (65) shall be for
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20 one-, two-, three-, four-, five- and six-year terms
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21 respectively; and
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22 4. After the initial designations or appointments, the
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23 designated representative from the Office of the State Fire Marshal,
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24 the designated representative of the Oklahoma Health Care Authority,
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 1 the designated representative of the Department of Human Services
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2 and the designated representative of the Department of Mental Health
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3 and Substance Abuse Services shall each. Members shall serve at the
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4 pleasure of their designators. All other terms shall be for a
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5 three-year period. Members may be reappointed not to exceed two
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6 terms. In case of a vacancy, the Governor shall appoint individuals
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7 to fill the remainder of the term.
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8 B. The State Department of Health shall provide a clerical
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9 staff worker administrative support to perform designated duties of
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10 the Advisory Board Council. The Department shall also provide space
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11 for meetings of the Advisory Board Council.
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12 C. The Advisory Board Council shall annually elect a chair,
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13 vice-chair and secretary-treasurer, shall meet at least quarterly,
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14 and may hold such special meetings as may be necessary. The members
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15 of the Advisory Board Council shall be reimbursed as provided for by
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16 the State Travel Reimbursement Act.
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17 D. The Advisory Board Council shall have the power and duty to:
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18 1. Serve as an advisory body to the Department for the
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19 development and improvement of services to and care and treatment of
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20 residents of facilities subject to the provisions of the Nursing
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21 Home Care Act, homes subject to the provisions of the Residential
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22 Care Act and facilities subject to the provisions of the Adult Day
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23 Care Act;
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 1 2. Review, and make recommendations regarding, and approve in
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2 its advisory capacity the system of standards developed by the
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3 Department quality of services, care, and treatment provided to
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4 individuals receiving services from entities that are subject to the
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5 Nursing Home Care Act, the Residential Care Act and the Adult Day
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6 Care Act; and
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7 3. Evaluate and review the standards, practices, and procedures
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8 of the Department regarding the administration and enforcement of
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9 the provisions of the Nursing Home Care Act, the Residential Care
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10 Act and the Adult Day Care Act, and the quality of services and care
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11 and treatment provided to residents of facilities and residential
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12 care homes and participants in adult day care centers. The Board
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13 may make recommendations to the Department as necessary and
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14 appropriate;
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15 4. Evaluate and review financial accountability standards,
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16 policies and practices of residential care facilities regarding
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17 residents’ funds for which the facility is the payee, and evaluate
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18 and review expenditures made on behalf of the resident by the
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19 facility to ensure that such funds are managed appropriately and in
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20 the best interests of the resident; and
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21 5. Publish and distribute an annual report of its activities
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22 and any recommendations for the improvement of services and care and
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23 treatment to residents of facilities and residential care homes and
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24 participants in adult day care centers on or before January 1 of
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 1 each year to the Governor, the State Commissioner of Health, the
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2 State Board of Health, the Speaker of the House of Representatives,
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3 the President Pro Tempore of the Senate, and the chief
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4 administrative officer of each agency affected by the report.
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5 SECTION 2. This act shall become effective November 1, 2023.
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7 59-1-891 DC 1/17/2023 5:55:25 PM
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