reglab/housing_qa huggingface dataset:
63 OK Stat § 63-1-819 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-819. Residential Care Act.

|Sections 1-820 through 1-840 of this act shall be known and may be cited as the "Residential Care Act". |Added by Laws 1984, c. 128, § 1, eff. Nov. 1, 1984. Amended by Laws 1987, c. 98, § 1, emerg. eff. May 20, 1987.
63 OK Stat § 63-1-823 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-823. Transfer of ownership of home - Probationary license required - Notice of transfer.

|Whenever ownership of a residential care home is transferred from the person named in the application to another person who does not have a current license for the home, the transferee must obtain a probationary license as provided in Section 1-824 of this title. |1. The transferee shall notify the State Department of Health of the transfer and apply for a license no less than thirty (30) days prior to final transfer.2. The transferor shall notify the Department of the transfer no less than thirty (30) days prior to final transfer and shall remain responsible for the operation of the home until such time as a probationary license is issued to the transferee. The transferor shall remain liable for all penalties assessed which are imposed for violations occurring prior to transfer of ownership.Added by Laws 1984, c. 128, § 11, eff. Nov. 1, 1984. Amended by Laws 1987, c. 98, § 5, emerg. eff. May 20, 1987; Laws 2001, c. 410, § 4, eff. Nov. 1, 2001.
63 OK Stat § 63-1-824 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-824. Probationary license - Duration - Conditions for issuance - Termination - Issuance or denial of regular license.

|If an applicant for licensure under the Residential Care Act has not been previously licensed, or if a home is not in operation at the time application is made, the State Department of Health shall issue a probationary license. A probationary license shall be valid for one hundred twenty (120) days unless sooner suspended or revoked pursuant to the provisions of the Residential Care Act. |1. Prior to the issuance of a probationary license, the Department shall:a.ascertain whether the applicant is qualified to be licensed pursuant to the provisions of Section 1-822 of this title, andb.inspect the home and inform the applicant of any conditions which require correction prior to the issuance of a license. If the home is a new home, the Department shall also inform the applicant of any condition which requires correction prior to the acceptance of residents into the home. If the home is an existing home whose ownership is being transferred, the probationary license issued to the transferee, in addition to any corrections required as a result of the inspection, shall be subject to any plan of correction submitted by the previous owner and approved by the Department.2. Within thirty (30) days prior to the termination of a probationary license, the Department shall completely inspect the home and, if the home meets the applicable rules for licensure, shall issue a license pursuant to the provisions of the Residential Care Act and rules promulgated pursuant thereto. If at the end of an extension of the probationary license, the home is not in substantial compliance with the provisions of the Residential Care Act and the rules promulgated pursuant thereto, the license shall be denied and the Department shall take such action as necessary and as authorized pursuant to the provisions of the Residential Care Act for the protection of the health, safety, and welfare of the residents of the home.Added by Laws 1984, c. 128, § 12, eff. Nov. 1, 1984. Amended by Laws 1987, c. 98, § 6, emerg. eff. May 20, 1987; Laws 2001, c. 410, § 5, eff. Nov. 1, 2001.
63 OK Stat § 63-1-825 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-825. Violation of act - Penalties and liabilities.

|Any person who violates any of the provisions of the Residential Care Act, the rules promulgated pursuant thereto by the State Board of Health, or any order or determination of the State Department of Health pursuant to the provisions of the Residential Care Act, or who fails to perform any duty imposed upon such person by the provisions of the Residential Care Act, shall be subject to any of the following penalties and liabilities as authorized by the provisions of the Residential Care Act: |1. License revocation, suspension, or nonrenewal;2. Transfer of residents;3. Temporary manager;4. Injunctive proceedings;5. Civil fines; and6. Criminal penalties as provided in Section 1-832 of this title.Added by Laws 1984, c. 128, § 13, eff. Nov. 1, 1984. Amended by Laws 1987, c. 98, § 7, emerg. eff. May 20, 1987; Laws 2001, c. 410, § 6, eff. Nov. 1, 2001.
63 OK Stat § 63-1-827 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-827. Effective date of nonrenewal, suspension or revocation of license - Hearing - New application - New license.

|A. If a hearing is not requested, the effective date of the nonrenewal, suspension, or revocation shall be as follows: |1. In cases of nonrenewal of a license the effective date shall be the expiration date of the license. The date may be extended no longer than necessary to permit the orderly removal of the residents; or2. In cases of revocation or suspension of the license the effective date shall be the date set by the State Department of Health in the notice of revocation. The date shall be no later than necessary to permit the orderly removal of the residents.B. If a hearing is requested, unless otherwise ordered by a district court, the effective date of the nonrenewal, suspension, or revocation of a license shall be set upon final action after the hearing and shall be no later than necessary to permit the orderly removal of the residents.C. A new application of the applicant or licensee whose license was not renewed, suspended, or revoked may be considered after ninety (90) days upon receipt of satisfactory evidence that the conditions upon which such nonrenewal, suspension, or revocation was based have been corrected. A new license may be granted after a full and complete inspection or investigation and the applicant or licensee and the home are in substantial compliance with the provisions of the Residential Care Act and the rules promulgated thereto by the State Board of Health.Added by Laws 1984, c. 128, § 15, eff. Nov. 1, 1984. Amended by Laws 1987, c. 98, § 9, emerg. eff. May 20, 1987; Laws 2001, c. 410, § 8, eff. Nov. 1, 2001.
63 OK Stat § 63-1-828 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-828. Fire safety inspections - Fire safety rules and regulations.

|The State Fire Marshal or a designee shall conduct fire safety inspections on a regular basis at residential care homes and report any findings from the inspections to the State Department of Health. In addition, the State Fire Marshal shall develop, adopt, and promulgate rules, or specifications consistent with nationally recognized standards or practices necessary for the safeguarding of life and property of residents of residential care homes from the hazards of fire and smoke. |Added by Laws 1984, c. 128, § 16, eff. Nov. 1, 1984. Amended by Laws 1987, c. 98, § 10, emerg. eff. May 20, 1987; Laws 2001, c. 410, § 9, eff. Nov. 1, 2001.
63 OK Stat § 63-1-828.1 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-828.1. State agencies - Placement of persons in unlicensed residential care homes prohibited.

|No state agency shall knowingly place, refer, or recommend placement of a person in need of care in an unlicensed residential care home. |Added by Laws 1987, c. 98, § 20, emerg. eff. May 20, 1987.
63 OK Stat § 63-1-830.1 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-830.1. Participation in dispute resolution panels

|A. Upon written request to the State Department of Health, a residential care home as defined by the Residential Care Act may choose to participate in an informal dispute resolution panel or an alternate dispute resolution panel. Such request shall be made within thirty (30) days of the receipt of a Statement of Deficiencies from the Department. |B. The informal dispute resolution process provided by subsection A of this section shall be the same as that provided by Sections 1-1914.3 through 1-1914.10 of Title 63 of the Oklahoma Statutes.C. The alternate informal dispute resolution process provided by subsection A of this section shall be the same provided by Sections 1-1914.13 through 1-1914.16 of Title 63 of the Oklahoma Statutes.D. The State Department of Health shall appoint the informal dispute resolution panel, to be comprised of the following impartial members:1. Two members who are representative volunteers with experience in the operation of a residential care home;2. One member that is an employee of the Department with experience in residential care home surveys;3. One representative from the aging and disabled community but not representing a state agency; and4. One member who is a lay member and is not employed by the Department.E. The State Board of Health shall promulgate rules to implement the provisions of this act.Added by Laws 2016, c. 104, § 1, eff. Nov 1, 2016.
63 OK Stat § 63-1-830.2 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-830.2. Challenge to statement of deficiency – Informal dispute resolution – Alternative informal dispute resolution.

|A. Any residential care home, as defined in paragraph 12 of Section 1-820 of Title 63 of the Oklahoma Statutes, that wishes to challenge a statement of deficiency through either an informal dispute resolution process or an alternative informal dispute resolution process may make a written request to the State Department of Health within thirty (30) calendar days after the receipt of a statement of deficiencies from the Department. |B. The informal dispute resolution process for violations of the Residential Care Act or any rule promulgated pursuant thereto shall follow the process contained in Sections 1-1914.3, 1-1914.4, subsections B and C of 1-1914.5 and 1-1914.6 through 1914.10 of Title 63 of the Oklahoma Statutes.C. The alternative informal dispute resolution process for violations of the Residential Care Act or any rule promulgated pursuant thereto shall follow the process contained in Sections 1-1914.11 through 1-1914.16 of Title 63 of the Oklahoma Statutes.D. An impartial decision-making panel for the alternative informal dispute resolution set forth in subsection C of this section shall be comprised of the following members:1. Two members who are representative volunteers who have experience in the operation of a residential care home;2. One member who is an employee of the Department and has experience in the survey process from residential care homes;3. One member who is a representative from the aging and disabled community and who does not represent a state agency; and4. One member who is a lay member and who is not employed by the Department.Added by Laws 2016, c. 198, § 1, eff. Nov. 1, 2016.NOTE: Editorially renumbered from § 1-830.1 of this title to avoid duplication in numbering.
63 OK Stat § 63-1-831 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-831. Report or plan of correction.

|A. If the violations specified in the notice required by Section 1-830 of this title have been corrected prior to the date of filing of a plan of correction, the home may submit a report of correction in place of a plan of correction as specified in subsection B of this section. Such report shall be signed by the administrator or operator. |B. A home shall have ten (10) business days after receipt of notice of violation in which to prepare and submit a plan of correction. The plan shall include a fixed time period within which violations are to be corrected. The Department may grant an extended period where correction involves substantial capital improvement. If the Department rejects a plan of correction, it shall send notice of the rejection and the reason for the rejection within ten (10) business days of receipt of the plan of correction to the home. The home shall have ten (10) business days after receipt of the notice of rejection in which to submit a modified plan. If the modified plan is not timely submitted, or if the modified plan is rejected, the home shall follow a directed plan of correction imposed by the Department which shall be submitted to the home within thirty (30) days.Added by Laws 1984, c. 128, § 19, eff. Nov. 1, 1984. Amended by Laws 1987, c. 98, § 13, emerg. eff. May 20, 1987; Laws 2001, c. 410, § 12, eff. Nov. 1, 2001.
63 OK Stat § 63-1-832 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-832. Prohibited acts - Violations.

|A. No person shall willfully: |1. Fail to correct or interfere with the correction of a violation within the time specified on the notice or approved plan of correction pursuant to the provisions of the Residential Care Act as the maximum period given for correction, unless an extension is granted and the corrections are made before expiration of extension;2. Prevent, interfere with, or attempt to impede in any way the work of any duly authorized representative of the State Department of Health in the investigation and enforcement of the Residential Care Act;3. Prevent or attempt to prevent any such representative from examining any relevant books or records in the conduct of official duties pursuant to the provisions of the Residential Care Act;4. Prevent or interfere with any such representative in the preserving of evidence of any violation of the Residential Care Act or the rules promulgated pursuant thereto;5. Retaliate or discriminate against any resident or employee for contacting or providing information to any state official, or for initiating, participating in, or testifying in an action for any remedy authorized pursuant to the provisions of the Residential Care Act;6. File any false, incomplete, or intentionally misleading information required to be filed pursuant to the provisions of the Residential Care Act, or willfully fail or refuse to file any information required by the Department pursuant to the provisions of the Residential Care Act; or7. Open or operate a home without a license. Operation of a residential care home without a license is a public health emergency warranting action pursuant to the provisions of Section 1-830 of this title.B. No employee of a state or unit of a local governmental agency shall aid, abet, assist, conceal or conspire with an administrator, operator or other employee of a home in a violation of any provision of the Residential Care Act or any rule promulgated by the State Board of Health pursuant thereto.C. Any person who violates any of the provisions of the Residential Care Act, upon conviction, shall be guilty of a misdemeanor. Each day upon which such violation occurs shall constitute a separate violation.Added by Laws 1984, c. 128, § 20, eff. Nov. 1, 1984. Amended by Laws 1985, c. 135, § 4, emerg. eff. June 7, 1985; Laws 1987, c. 98, § 14, emerg. eff. May 20, 1987; Laws 2001, c. 410, § 13, eff. Nov. 1, 2001.
63 OK Stat § 63-1-833 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-833. Penalties.

|A. Any person who has been determined by the State Department of Health to have violated any provision of the Residential Care Act or any rule promulgated pursuant thereto may be liable for a civil penalty of not more than One Hundred Dollars ($100.00) for each day that the violation continues. The maximum civil penalty shall not exceed Ten Thousand Dollars ($10,000.00) for any related series of violations. |B. The amount of the penalty shall be assessed by the Department pursuant to the provisions of subsection A of this section, after notice and hearing. In determining the amount of the penalty, the Department shall include, but not be limited to, consideration of the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, the effect on ability of the person to continue to do business, and any show of good faith in attempting to achieve compliance with the provisions of the Residential Care Act.C. Any license holder may elect to surrender his or her license in lieu of the fine but shall be forever barred from obtaining a reissuance of the license.Added by Laws 1984, c. 128, § 21, eff. Nov. 1, 1984. Amended by Laws 1987, c. 98, § 15, emerg. eff. May 20, 1987; Laws 2001, c. 410, § 14, eff. Nov. 1, 2001.
63 OK Stat § 63-1-834 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-834. Prosecution of violations - Action for equitable relief.

|A. The Attorney General, the State Department of Health or the district attorney of the appropriate district court of Oklahoma may bring an action in a court of competent jurisdiction for the prosecution of a violation by any person of a provision of the Residential Care Act or any rule promulgated pursuant thereto. |B. 1. Enforcement of any action for equitable relief to redress or restrain a violation by any person of a provision of the Residential Care Act or for an injunction or recovery of any administrative or civil penalty assessed pursuant to the Residential Care Act may be brought by:a.the district attorney of the appropriate district court of the State of Oklahoma,b.the Attorney General on behalf of the State of Oklahoma in the appropriate district court of the State of Oklahoma, orc.the Department on behalf of the State of Oklahoma in the appropriate district court of the State of Oklahoma, or as otherwise authorized by law.2. The court has jurisdiction to determine the action, and to grant the necessary or appropriate relief including, but not limited to, mandatory or prohibitive injunctive relief, interim equitable relief, and punitive damages.Added by Laws 1984, c. 128, § 22, eff. Nov. 1, 1984. Amended by Laws 1987, c. 98, § 16, emerg. eff. May 20, 1987; Laws 1988, c. 233, § 3, operative July 1, 1988; Laws 2001, c. 410, § 15, eff. Nov. 1, 2001.
63 OK Stat § 63-1-835 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-835. Administration of medication to resident.

|Administration of medication to a resident of a home shall be administered by a person who has obtained appropriate training from a technology center school or institution of higher education. |Added by Laws 1984, c. 128, § 23, eff. Nov. 1, 1984. Amended by Laws 1985, c. 135, § 5, emerg. eff. June 7, 1985; Laws 2001, c. 33, § 60, eff. July 1, 2001.
63 OK Stat § 63-1-837 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-837. Insuring life of resident - Persons eligible - Assignment of benefits of life insurance policy.

|A. No owner, administrator, or operator of a residential care home shall have an insurable interest in the life of a resident of the home unless the owner, administrator or operator is related to the resident by blood or marriage. |B. No owner, administrator or operator of a residential care home shall be entitled or assigned to any benefits of a life insurance policy on a resident unless the owner, administrator or operator is related to the resident by blood or marriage.Added by Laws 1984, c. 128, § 25, eff. Nov. 1, 1984. Amended by Laws 1987, c. 98, § 18, emerg. eff. May 20, 1987; Laws 2001, c. 410, § 17, eff. Nov. 1, 2001.
63 OK Stat § 63-1-839 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-839. Disposition of monies received by Department.

|All monies received by the State Department of Health, from any monies received as a result of an assessment of a civil penalty pursuant to the provisions of the Residential Care Act shall be deposited in the Public Health Special Fund created in Section 1-107 of this title. |Added by Laws 1984, c. 128, § 27, eff. Nov. 1, 1984. Amended by Laws 1986, c. 312, § 15, operative July 1, 1986; Laws 1987, c. 98, § 19, emerg. eff. May 20, 1987; Laws 2001, c. 410, § 18, eff. Nov. 1, 2001.
63 OK Stat § 63-1-840 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-840. Other provisions applicable to residential care homes.

|Residential care homes subject to the provisions of the Residential Care Act shall comply with the provisions of Sections 1-1909, 1-1910, 1-1914.1, 1-1914.2, 1-1915, 1-1917, 1-1918, 1-1919, 1-1920, 1-1921, 1-1922, 1-1924, 1-1926, 1-1927, 1-1930, 1-1939, 1-1940 and 1-1941 of this title. |Added by Laws 1984, c. 128, § 28, eff. Nov. 1, 1984. Amended by Laws 1985, c. 135, § 7, emerg. eff. June 7, 1985; Laws 1986, c. 10, § 1, emerg. eff. March 17, 1986; Laws 1987, c. 98, § 21, emerg. eff. May 20, 1987; Laws 1995, c. 230, § 6, eff. July 1, 1995.
63 OK Stat § 63-1-841 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-841. Accounting of clients' financial records.

|The State Department of Health shall require as a condition of licensure for residential care facilities that an accounting be made of financial records of each client for which the facility is the payee in each such residential facility. Such accounting shall be recorded and given to the resident and/or the resident’s representative upon request. The records may be inspected by any employee of the Department during any regular inspection or at any time a complaint is received by the Department regarding a client's finances. |Added by Laws 1995, c. 230, § 3, eff. July 1, 1995. Amended by Laws 2001, c. 410, § 19, eff. Nov. 1, 2001.
63 OK Stat § 63-1-842 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-842. Residents' representatives.

|A. Any contract or application for admission to a residential care facility shall include provisions for the applicant to designate an individual to be the "representative of a resident". The individual so designated shall have a fiduciary duty to the resident to act at all times in the best interests of the resident. Any resident of a residential care facility may change the designation of a representative at any time and for any reason. No representative shall be required to serve in such capacity if the person objects to serving, and may resign as representative upon written notice to the resident and the facility. |B. Upon admission or the signing of a contract for admission to a residential care facility or any modifications to the contract for admission, the representative of the resident shall be notified of the admission, the contract or any modifications to the contract.C. If a resident is subject to a special, limited or full guardianship, pursuant to the provisions of the Oklahoma Guardianship and Conservatorship Act or the Protective Services for the Elderly and for Incapacitated Adults Act, the representative of the resident shall be the court-appointed guardian.Added by Laws 1995, c. 230, § 5, eff. July 1, 1995.
63 OK Stat § 63-1-850 (2021)
2021 Oklahoma Statutes|Title 63. Public Health and Safety|§63-1-850. Short title.

|Sections 6 through 17 of this act shall be known and may be cited as the Long-term Care Certificate of Need Act. |Added by Laws 1989, c. 227, § 5.