reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1950.7. Nontechnical services worker abuse registry.

A. The State Department of Health shall establish a registry for those nontechnical services workers that have been noted to have committed abuse, verbal abuse, or exploitation of a resident in a nursing facility.
B. The State Board of Health shall promulgate rules to establish and maintain the nontechnical services worker abuse registry. Such rules may include, but need not be limited to:
1. A procedure for notation in the abuse registry of a final State Department of Health investigative finding or an Administrative Law Judge finding of abuse, verbal abuse, or exploitation, as these terms are defined in Section 10-103 of Title 43A of the Oklahoma Statutes, of an individual by a nontechnical services worker;
2. A procedure for notice and due process for a nontechnical services worker or applicant before the entering of such person's name in the abuse registry as having a final Department investigative finding or Administrative Law Judge finding of abuse, verbal abuse, or exploitation of an individual; and
3. Disclosure requirements for information in the abuse registry.
C. The nontechnical services worker abuse registry shall include, but not be limited to, the following information on each nontechnical services worker:
1. The individual's full name;
2. Information necessary to identify each individual;
3. The date the individual's name was placed in the abuse registry; and
4. Information on any final Department investigative finding or Administrative Law Judge finding of abuse, verbal abuse or exploitation, as these terms are defined in Section 10-103 of Title 43A of the Oklahoma Statutes, concerning the nontechnical services worker.
D. A nontechnical services worker or applicant who is adversely affected by an Administrative Law Judge finding of abuse, verbal abuse or exploitation of an individual may seek judicial review pursuant to the provisions of Article II of the Administrative Procedures Act. The finding of the Administrative Law Judge may be appealed to the district court in which the nontechnical services worker or applicant resides within thirty (30) days of the date of the decision. A copy of the petition shall be served by mail upon the general counsel of the Department.
Added by Laws 2002, c. 470, § 3, eff. July 1, 2002.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1950.9. Fine and imprisonment.

Any violation of the provisions of Sections 2 through 4 of this act shall be deemed a misdemeanor and, upon conviction or plea of guilty or nolo contendere, shall be punishable by a fine of not less than Three Hundred Dollars ($300.00), but not more than One Thousand Dollars ($1,000.00). In addition to the fine, such violator may be imprisoned in the county jail for not more than thirty (30) days. Each day that the violation continues shall be considered to be a separate violation.
Added by Laws 2002, c. 470, § 5, eff. July 1, 2002.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1955.2. Definitions.

As used in the Oklahoma Long-Term Care Partnership Act, unless the context clearly indicates otherwise:
1. “Asset disregard” means the total assets an individual owns and may retain upon application for the state Medicaid program and still qualify for benefits if the individual:
a.
is a beneficiary of a Long-Term Care Partnership Program approved policy, and
b.
has exhausted the benefits of such policy.
Asset disregard is increased by One Dollar ($1.00) for each One Dollar ($1.00) of benefit paid out under the individual’s long-term insurance policy if the individual purchased the policy through the Oklahoma Long-Term Care Partnership Program;
2. “Authority” means the Oklahoma Health Care Authority;
3. “State Medicaid program” means the federal medical assistance program established under Title XIX of the Social Security Act; and
4. “Oklahoma Long-Term Care Partnership Program approved policy” means a long-term care insurance policy that is approved by the Insurance Department and provided through state-approved long-term care insurers through the Oklahoma Long-Term Care Partnership Program.
Added by Laws 2004, c. 283, § 2.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1955.3. Oklahoma Long-Term Care Partnership Program - Purposes - Exhaustion of benefits - Asset disregard.

A. Upon repeal of the restrictions to asset protection contained in the Omnibus Budget Reconciliation Act of 1993, Public Law 103-66, 107 Stat. 312, there shall be established the Oklahoma Long-Term Care Partnership Program, to be administered by the Oklahoma Health Care Authority, with the assistance of the Insurance Department, to do the following:
1. Provide incentives for individuals to insure against the costs of providing for their long-term care needs;
2. Provide a mechanism for individuals to qualify for coverage of the cost of their long-term care needs under the state Medicaid program without first being required to substantially exhaust their resources;
3. Provide counseling services to individuals in planning for their long-term care needs; and
4. Alleviate the financial burden on the state’s Medicaid program by encouraging the pursuit of private initiatives.
B. Upon exhaustion of benefits under a Long-Term Care Partnership Program policy, certain resources of an individual, as described in subsection C of this section, shall not be considered by the Authority when determining any of the following:
1. Medicaid eligibility;
2. The amount of any Medicaid payment; and
3. Any subsequent recovery by the state of a payment for medical services.
C. The Oklahoma Health Care Authority shall amend the state Medicaid program to allow for asset disregard. The Authority shall provide for asset disregard by counting insurance benefits paid under a policy toward asset disregard to the extent the payments are for covered services under the Oklahoma Long-Term Care Partnership Program for purchasers of an Oklahoma Long-Term Care Partnership Program approved policy.
Added by Laws 2004, c. 283, § 3.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1955.4. Eligibility for assistance under state Medicaid program - Continuing eligibility for asset disregard - Reciprocal agreements.

A. An individual who is a beneficiary of an Oklahoma Long-Term Care Partnership Program approved policy is eligible for assistance under the state Medicaid program using asset disregard pursuant to the provisions of subsection C of Section 3 of the Oklahoma Long-Term Care Partnership Act.
B. If the Oklahoma Long-Term Care Partnership Program is discontinued, an individual who purchased an Oklahoma Long-Term Care Partnership Program approved policy prior to the date the program was discontinued shall be eligible to receive asset disregard.
C. The Oklahoma Health Care Authority may enter into reciprocal agreements with other states to extend the asset disregard to residents of the state who purchase long-term care policies in another state which has an asset disregard program that is substantially similar to the asset disregard program as established under the Oklahoma Long-Term Care Partnership Act.
Added by Laws 2004, c. 283, § 4.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1955.6. Long-term care insurance policies - Notice regarding asset disregard and asset tests.

A. A long-term care insurance policy issued after the effective date of this act shall contain a notice provision to the consumer detailing in plain language the current law pertaining to asset disregard and asset tests.
B. The notice to the consumer under subsection A of this section shall be developed by the Insurance Commissioner.
Added by Laws 2004, c. 283, § 6.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1956.1. Definitions.

As used in Section 1-1953.1 et seq. of this title:
1. "Assisted living center" shall have the same meaning as provided by Section 1-890.2 of this title;
2. "Authorized electronic monitoring" means the placement of electronic monitoring devices in the common areas or room of a resident of a nursing facility, assisted living center or continuum of care facility and the tapes or recordings from such devices pursuant to the provisions of Section 1-1953.1 et seq. of this title;
3. "Authorized electronic monitoring devices" means:
a.
video surveillance cameras installed in the common areas or resident's room under the provisions of Section 1-1953.1 et seq. of this title, or
b.
audio devices installed in the room of a resident under the provisions of Section 1-1953.1 et seq. of this title that are designed to acquire communications or other sounds occurring in the room;
4. "Continuum of care facility" shall have the same meaning as provided by Section 1-890.2 of this title;
5. "Nursing facility" means the term as defined in Section 1-1902 of Title 63 of the Oklahoma Statutes;
6. "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 owner, operator, administrator or employee of a facility subject to the provisions of the Nursing Home Care Act, the Continuum of Care and Assisted Living Act, the Residential Care Act or the Group Homes for the Developmentally Disabled or Physically Handicapped Persons Act shall not be appointed guardian or limited guardian of a resident of the nursing facility, assisted living center or continuum of care 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;
7. "Resident" means a person residing in a nursing facility, assisted living center or continuum of care facility; and
8. "Unauthorized electronic monitoring" means electronic, mechanical, or other devices that do not meet the provisions of Section 1-1953.1 et seq. of this title and that are specifically used for the nonconsensual interception of wire or electronic communications.
Added by Laws 2013, c. 204, § 1, eff. Nov. 1, 2013. Amended by Laws 2020, c. 39, § 2, eff. Nov. 1, 2020. Renumbered from § 1-1953.1 of this title by Laws 2020, c. 39, § 7, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1956.2. Notice of electronic monitoring - Refusal to admit - Signs.

A. A nursing facility, assisted living center or continuum of care facility shall provide written notice to each resident, or to the representative of a resident, that authorized electronic monitoring of a resident's room conducted under the provisions of Section 1-1953.1 et seq. of this title is not compulsory and shall only be conducted with the written consent of the resident or the representative of the resident.
B. A nursing facility, assisted living center or continuum of care facility shall not refuse to admit an individual to residency in the facility or center and shall not remove a resident from a facility or center because of authorized electronic monitoring of a resident's room.
C. A nursing facility, assisted living center or continuum of care facility shall post at or near its main entrances a sign that clearly states that electronic monitoring and audio devices may be in use in the facility or center.
Added by Laws 2013, c. 204, § 2, eff. Nov. 1, 2013. Amended by Laws 2020, c. 39, § 3, eff. Nov. 1, 2020. Renumbered from § 1-1953.2 of this title by Laws 2020, c. 39, § 8, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1956.3. Obstruction of electronic monitoring devices - Penalties.

A. No person or entity shall intentionally hamper, obstruct, tamper with, or destroy an electronic monitoring device installed in a nursing facility, assisted living center or continuum of care facility.
B. Any person or entity that intentionally hampers, obstructs, tampers with, or destroys a recording or an electronic monitoring device installed in a nursing facility, assisted living center or continuum of care facility shall be subject to the penalties prescribed in Section 1993 of Title 21 of the Oklahoma Statutes.
C. No person or entity shall intercept a communication or disclose or use an intercepted communication of an electronic monitoring device placed or installed in a common area of a nursing facility, assisted living center or continuum of care facility without the express written consent of the facility, or, for an electronic monitoring device installed in a resident's room, the express written consent of the resident or the representative of the resident.
Added by Laws 2013, c. 204, § 3, eff. Nov. 1, 2013. Amended by Laws 2020, c. 39, § 4, eff. Nov. 1, 2020. Renumbered from § 1-1953.3 of this title by Laws 2020, c. 39, § 9, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1956.4. Admission into evidence.

Subject to the provisions of law, a tape or recording created through the use of authorized electronic monitoring pursuant to this act may be admitted into evidence in a civil or criminal court action or administrative proceeding.
Added by Laws 2013, c. 204, § 4, eff. Nov. 1, 2013. Renumbered from § 1-1953.4 of this title by Laws 2020, c. 39, § 10, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1956.5. Electronic monitoring of residents.

A. A resident or the representative of a resident may conduct authorized electronic monitoring of the resident's room through the use of authorized electronic monitoring devices placed in the room pursuant to the provisions of Section 1-1953.1 et seq. of this title at the expense of such person or representative of the resident and with the written consent of any other resident living in the room.
B. A resident who conducts authorized electronic monitoring or the representative of the resident may post and maintain a notice at the entrance to the resident's room stating that the room is being monitored by an electronic monitoring device.
C. Nothing in Section 1-1953.1 et seq. of this title shall be construed to prevent a resident or the representative of the resident from placing an electronic monitoring device in the resident's room at the expense of such person; however, if such resident is sharing a room with any other resident, the resident or the representative of the resident shall obtain written consent from such other resident or the representative of the resident living in the room and such consent shall be on a form prescribed by the State Department of Health and shall be placed on file with the administrator of the facility.
D. If a resident residing in a shared room, or the representative of a resident residing in a shared room, desires to utilize an authorized electronic monitoring device and another resident living in such shared room refuses to consent to the use of an authorized electronic monitoring device, the nursing facility, assisted living center or continuum of care facility shall accommodate the resident or the representative of the resident desiring to utilize an authorized electronic monitoring device to move to another room if the resident or resident's representative requests such a room change within a reasonable amount of time.
Added by Laws 2013, c. 204, § 5, eff. Nov. 1, 2013. Amended by Laws 2020, c. 39, § 5, eff. Nov. 1, 2020. Renumbered from § 1-1953.5 of this title by Laws 2020, c. 39, § 11, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1956.6. Consent for electronic monitoring.

A. A resident or representative of a resident who wishes to conduct authorized electronic monitoring shall be required to notify the nursing facility, assisted living center or continuum of care facility on the consent form prescribed by the State Department of Health.
B. The consent form prescribed by the Department shall require the resident or the representative of a resident to obtain the consent of any other resident in the room or the representative of a resident, using the consent form prescribed for this purpose by the Department, if the resident resides in a room with another resident.
C. Consent may be given only:
1. By the resident or any other resident in the room; or
2. By the representative of the resident or representative of any other resident in the room.
D. Another resident in the room may:
1. When the proposed electronic monitoring device is a video surveillance camera, condition consent on the camera being pointed away from the consenting resident; and
2. Condition consent on the use of an audio electronic monitoring device being limited or prohibited.
E. Except as provided for in Section 1-1953.7 of this title, authorized electronic monitoring may begin only after the required consent forms specified in Section 1-1953.1 et seq. of this title have been completed and returned to the nursing facility, assisted living center or continuum of care facility and placed on file with the administrator of such facility or center.
F. If authorized electronic monitoring is being conducted in the room of a resident, another resident may not be moved into the room unless the resident or representative of the resident has consented to the use of existing electronic monitoring, in accordance with Section 1-1953.1 et seq. of this title.
G. The Department may include other information that it considers to be appropriate on any form it is required to prescribe under the provisions of Section 1-1953.1 et seq. of this title.
H. The Department shall prescribe the forms required by Section 1-1953.1 et seq. of this title no later than November 1, 2013, and shall make such forms available on its website.
Added by Laws 2013, c. 204, § 6, eff. Nov. 1, 2013. Amended by Laws 2020, c. 39, § 6, eff. Nov. 1, 2020. Renumbered from § 1-1953.6 of this title by Laws 2020, c. 39, § 12, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1956.7. Residents utilizing existing electronic monitoring devices.

Any resident or the representative of the resident utilizing existing electronic monitoring devices prior to November 1, 2013, shall comply with all written consent and disclosure provisions of this act no later than January 1, 2014.
Added by Laws 2013, c. 204, § 7, eff. Nov. 1, 2013. Renumbered from § 1-1953.7 of this title by Laws 2020, c. 39, § 13, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1961. Definitions.

As used in the Home Care Act:
1. "Board" means the State Board of Health;
2. "Certification" means verification of appropriate training and competence established by the State Commissioner of Health by rules promulgated pursuant to the Home Care Act for home health aides and home care agency administrators;
3. "Department" means the State Department of Health;
4. "Healthcare provider" means a physician, physician assistant or Advanced Practice Registered Nurse recognized by the Oklahoma Board of Nursing as a Certified Nurse Practitioner or a Clinical Nurse Specialist;
5. "Home care agency" means any sole proprietorship, partnership, association, corporation or other organization which administers, offers or provides home care services, for a fee or pursuant to a contract for such services, to clients in their place of residence. The term "home care agency" shall not include:
a.
individuals who contract with the Department of Human Services to provide personal care services, provided such individuals shall not be exempt from certification as home health aides,
b.
organizations that contract with the Oklahoma Health Care Authority as Intermediary Services Organizations (ISO) to provide federal Internal Revenue Service fiscal and supportive services to Consumer-Directed Personal Assistance Supports and Services (CD-PASS) waiver program participants who have employer responsibility for hiring, training, directing and managing an individual personal care attendant, or
c.
CD-PASS waiver program employer participants;
6. "Home care services" means skilled or personal care services provided to clients in their place of residence for a fee;
7. "Home health aide" means an individual who provides personal care to clients in their temporary or permanent place of residence for a fee;
8. "Home care agency administrator" means a person who operates, manages, or supervises, or is in charge of a home care agency;
9. "Personal care" means assistance with dressing, bathing, ambulation, exercise or other personal needs;
10. "Skilled care" means home care services performed on a regular basis by a trained Respiratory Therapist/Technician or by a person currently licensed by this state including but not limited to a Licensed Practical Nurse, Registered Nurse, Physical Therapist, Occupational Therapist, Speech Therapist, or Social Worker;
11. "Standby assistance" means supervision of client directed activities with verbal prompting and infrequent, incidental hands-on intervention only; and
12. "Supportive home assistant" means an individual employed by a home care agency who provides standby assistance to ambulatory clients, in conjunction with other companionship or homemaker services, in the temporary or permanent place of residence of the client for a fee.
Added by Laws 1992, c. 139, § 3, eff. Sept. 1, 1992. Amended by Laws 1995, c. 169, § 1, emerg. eff. May 4, 1995; Laws 1996, c. 349, § 1, eff. Nov. 1, 1996; Laws 2004, c. 249, § 1, eff. Nov. 1, 2004; Laws 2009, c. 370, § 1, eff. Nov. 1, 2009; Laws 2021, c. 284, § 2, emerg. eff. April 27, 2021.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1962b. Eligibility certification and oversight by healthcare provider.

Eligibility of a patient for home care services shall be certified by a healthcare provider, and care of the patient shall be overseen by the healthcare provider. This section is retroactive and shall apply to any eligibility certification conducted on or after March 27, 2020.
Added by Laws 2021, c. 284, § 1, emerg. eff. April 27, 2021.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1963. State Department of Health - Powers and duties - Rules and regulations for investigation and hearing of complaints.

A. The State Department of Health shall have the power and duty to:
1. Issue, renew, deny, modify, suspend and revoke licenses and deny renewal of licenses for agencies, and issue, renew, deny, modify, suspend and revoke certificates and deny renewal of certificates for home health aides pursuant to the provisions of the Home Care Act;
2. Establish and enforce qualifications, standards and requirements for licensure of home care agencies and certification of home health aides; provided, nothing in this paragraph shall be construed as to require a hospice to employ a home health aide as a condition of licensure;
3. Issue or renew a license to establish or operate a home care agency if the Department determines that the agency meets the requirements of or is accredited or certified by one of the following accrediting or certifying organizations or programs. In addition, the accredited home care agency through this paragraph will not be subject to an inspection or examination by the Department unless necessary to investigate complaints under subsection B of this section:
a.
Title XVIII or XIX of the federal Social Security Act,
b.
the Joint Commission on Accreditation of Healthcare Organizations/Home Care Accreditation Services (JCAHO),
c.
the Community Health Accreditation Program of the National League for Nursing (CHAP), or
d.
the Accreditation Commission for Health Care (ACHC);
4. Establish and maintain a registry of certified home health aides;
5. Enter any home care agency when reasonably necessary for the sole purpose of inspecting and investigating conditions of the agency for compliance with the provisions of the Home Care Act, or compliance with the standards and requirements for licensure or certification developed by the Department pursuant to the provisions of the Home Care Act;
6. Establish administrative penalties for violations of the provisions of the Home Care Act; and
7. Exercise all incidental powers as necessary and proper for the administration of the Home Care Act.
B. 1. The State Board of Health shall promulgate rules necessary for the investigation and hearing of complaints regarding a home care agency or home health aide.
2. The Department shall establish procedures for receipt and investigation of complaints regarding a home care agency or home health aide.
3. A complaint regarding a home care agency or home health aide shall not be made public unless a completed investigation substantiates the violations alleged in the complaint.
Added by Laws 1992, c. 139, § 5, eff. Sept. 1, 1992. Amended by Laws 2011, c. 107, § 1, eff. Nov. 1, 2011; Laws 2017, c. 77, § 4, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1964. Contents, coverage and scope of rules.

The State Commissioner of Health shall promulgate rules necessary to implement the provisions of the Home Care Act. Such rules shall include, but shall not be limited to:
1. Minimum standards for home care services. In establishing such standards, the Commissioner shall consider those standards adopted by state and national home care associations;
2. Requirements for the certification and renewal certification of home health aides and home care agency administrators;
3. Provisions for transfer of ownership of a licensed agency;
4. A requirement that each licensed agency create and disclose to its clients a statement of clients' rights and responsibilities;
5. Establishing continuing education requirements for renewal of certifications for home care agency administrators;
6. Requirements for financial resources to ensure a home care agency's ability to provide adequate home care services;
7. Standards for assessing an applicant's business and professional experience as demonstrated in prior health care provider operations including, but not limited to, nursing homes, residential care homes, and home care and in previous compliance with all lawful orders of suspension, receivership, administrative penalty or sanction issued by the State Department of Health or by other administrative agencies in other states with similar responsibilities;
8. Restrictions on any agency, agency employee, or agency contractor providing skilled care or conducting an in-home assessment of the need for skilled care unless and until the agency receives a healthcare provider's order to provide skilled care or to conduct an in-home assessment of the need for skilled care; provided, however, such restrictions shall not prevent an agency from providing personal care to a client without a healthcare provider's order. Provided further, such restrictions shall not apply to in-home assessments of home and community-based waiver clients in the state Medicaid program;
9. Restrictions on any agency, agency employee, or agency contractor soliciting, coercing, or harassing a consumer of home care services or who may need home care services; and
10. Standards or other provisions which do not conflict with any federal requirements relating to the federal Medicaid and Medicare programs.
Added by Laws 1992, c. 139, § 6, eff. Sept. 1, 1992. Amended by Laws 1996, c. 349, § 2, eff. Nov. 1, 1996; Laws 1997, c. 238, § 7, eff. Nov. 1, 1997; Laws 2004, c. 249, § 3, eff. Nov. 1, 2004; Laws 2021, c. 284, § 4, emerg. eff. April 27, 2021.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1966. Violations - Penalties.

Any home care agency, home care agency administrator, or home health aide covered by the Home Care Act that has been determined by the State Department of Health to have violated any provision of the Home Care Act or any rule promulgated thereto may be liable for an administrative penalty of not more than One Hundred Dollars ($100.00) per violation for each day on which a violation occurs or continues. The maximum administrative penalty shall not exceed Ten Thousand Dollars ($10,000.00) for any related series of violations. Funds collected pursuant to this section shall be deposited in the Home Health Care Revolving Fund created in Section 1-1971 of this title.
Added by Laws 1992, c. 139, § 8, eff. Sept. 1, 1992. Amended by Laws 1994, c. 283, § 20, eff. Sept. 1, 1994; Laws 1994, c. 382, § 31, eff. Sept. 1, 1994; Laws 1997, c. 219, § 2, emerg. eff. May 19, 1997.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1967. Violations - Equitable relief - Jurisdiction.

The State Department of Health may bring an action in a court of competent jurisdiction for equitable relief to redress or restrain a violation by any person of a provision of the Home Care Act or any rule promulgated pursuant to the provisions of the Home Care Act. Said court shall have jurisdiction to determine said action, and to grant the necessary or appropriate relief, including but not limited to mandatory or prohibitive injunctive relief or interim equitable relief.
Added by Laws 1992, c. 139, § 9, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1968. Eligibility to serve as guardian.

No agency, employee of any agency, or home health aide shall serve as the guardian of a client unless such home care provider is related to the client by blood or marriage and is otherwise eligible to serve as a guardian.
Added by Laws 1992, c. 139, § 10, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1971. Home Health Care Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the State Department of Health, to be designated as the "Home Health Care Revolving Fund". Said fund shall be a continuing fund not subject to fiscal year limitations. The fund shall consist of all monies collected pursuant to the provisions of Section 1-1965 and Section 1-1966 of this title. All monies accruing to said fund are hereby appropriated and shall be budgeted and expended by the State Department of Health for licensure and regulation of home care agencies and branch offices. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 1994, c. 283, § 19, eff. Sept. 1, 1994. Amended by Laws 2012, c. 304, § 488.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1980. Use of fee proceeds for business expenses.

The owner of any nursing home, assisted living center, residential care home, continuum of care facility, independent living facility, life care community, long-term care facility or any other facility offering similar services which may or may not be subject to the licensing requirements of the State Department of Health shall be authorized to use the proceeds from any fees required by and paid to the facility unless named and specifically prohibited by the Long-Term Care Insurance Act for business expenses, including the payment of principal, interest or costs of borrowing related to debt incurred for purposes of capital asset acquisition or the improvement or expansion of the facility.
Added by Laws 2008, c. 305, § 9, emerg. eff. June 2, 2008.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1990.2. Definitions.

As used in the Silver Alert Act:
1. “Alert” means the statewide silver alert for missing senior citizens;
2. “Local law enforcement agency” includes, but is not limited to, a county sheriff’s office, a police department of a municipality or city, or the state highway patrol;
3. “Media outlet” includes but is not limited to radio stations, television stations, newspapers and local support organizations; and
4. “Missing senior citizen” means a person:
a.
whose whereabouts are unknown,
b.
whose age at the time the person is first reported missing is sixty (60) years of age or older and who is believed to be suffering from dementia or other cognitive impairment, and
c.
whose disappearance poses a credible threat to the safety and health of the person, as determined by a local law enforcement agency.
Added by Laws 2009, c. 50, § 2, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1990.3. Development and implementation.

The Department of Public Safety shall develop and implement a statewide silver alert system to be activated on behalf of a missing senior citizen in cooperation with the Department of Transportation, the Department of Human Services, any local law enforcement agency, the Oklahoma Association of Broadcasters and any other appropriate state or local agencies.
Added by Laws 2009, c. 50, § 3, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1990.4. Statewide coordinator – Adoption of rules – Issuance of directives.

The Commissioner of Public Safety is the statewide coordinator of the silver alert system and shall:
1. Adopt rules and issue directives as necessary to ensure proper implementation of the alert. The rules and directives shall include:
a.
the procedures to be used by a local law enforcement agency to verify whether a senior citizen:
(1)
is missing,
(2)
is believed to be suffering from dementia or other cognitive impairment, and
(3)
is one whose disappearance is believed to pose a credible risk to the health and safety of the missing person,
b.
the criteria for local law enforcement agencies to consider in circumstances in which a missing person may not meet the age requirements of a silver alert but whose safety would be best protected by the issuance of a silver alert,
c.
the procedures for local law enforcement agencies to follow in initiating a statewide silver alert,
d.
the method whereby information is distributed to statewide media outlets,
e.
the procedures for the receipt and evaluation of information received from the public about the missing senior citizen, and
f.
the procedure for the termination of a silver alert; and
2. Coordinate with local and statewide media outlets for the rapid and accurate announcement of a silver alert to the public.
Added by Laws 2009, c. 50, § 4, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1990.5. Activation of silver alert procedure - Procedure.

A. A silver alert shall be activated if a local law enforcement agency:
1. Receives notice of a missing senior citizen;
2. Verifies that at the time the senior citizen is reported missing:
a.
the person reported missing is sixty (60) years of age or older,
b.
the location of the senior citizen is unknown, or
c.
the senior citizen has dementia or other cognitive impairment;
3. Determines that the disappearance of the senior citizen poses a credible threat to the health and safety of the senior citizen; and
4. Determines that information which may assist in the safe recovery of the missing senior citizen is available.
B. The local law enforcement agency shall:
1. Require the family or legal guardian of the missing senior citizen to provide documentation of the impaired mental condition of the senior citizen;
2. Determine identifying information about the missing senior citizen and any other information which might be useful to the general public in the safe recovery of the missing senior citizen; and
3. Report the individual through the national crime information center immediately upon the issuance of a silver alert.
Added by Laws 2009, c. 50, § 5, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1990.6. Silver alert information and statements.

The silver alert shall include:
1. All appropriate information that is provided by the local law enforcement agency that may lead to the safe recovery of the missing senior citizen; and
2. A statement instructing any person with information related to the missing senior citizen to contact a local law enforcement agency.
Added by Laws 2009, c. 50, § 6, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1990.7. Termination of a silver alert – Senior citizen.

A. The local law enforcement agency responsible for the issuance of a silver alert shall terminate any silver alert with respect to a particular missing senior citizen not later than the earlier of the date on which:
1. The missing senior citizen is located or the situation is otherwise resolved; or
2. The notification period ends, as determined by Department rule.
B. A local law enforcement agency that locates a missing senior citizen who is the subject of a silver alert shall immediately notify the Department of Public Safety.
Added by Laws 2009, c. 50, § 7, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1990.9. Definitions.

As used in the Kasey Alert Act:
1. "Alert" or "Kasey Alert" means the statewide Kasey Alert for critically missing adults;
2. "Ashanti Alert" means the national communications network established by the Ashanti Alert Act of 2018, Sections 21901 through 21907 of Title 34 of the United States Code;
3. "Critically missing adult" means a person who is at least eighteen (18) and no older than fifty-nine (59) years of age, whose whereabouts are unknown and who is believed to have been abducted or taken against his or her will;
4. "Law enforcement agency" means any law enforcement agency of the state or any political subdivision thereof, including, but not limited to, any county sheriff's office, the police departments of tribal governments, and municipal police departments;
5. "Media outlet" includes, but is not limited to, radio stations, television stations, newspapers, social media, local support organizations, and other methods of communicating information to the public; and
6. "Not Invisible Act of 2019" means the federal law enacted by United States Congress for the purpose of increasing intergovernmental coordination to identify and combat violent crime within Native American lands, Sections 2801 through 2815 of Title 25 of the United States Code.
Added by Laws 2023, c. 132, § 2, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1990.10. Statewide alert system for critically missing adults.

The Department of Public Safety shall develop and implement a statewide Kasey Alert system to be activated on behalf of a critically missing adult. The Kasey Alert system shall be developed in cooperation with the Department of Transportation, the Department of Human Services, the Oklahoma Department of Emergency Management and Homeland Security, tribal governments, the Oklahoma Association of Broadcasters, and any other state or local agency that the Department of Public Safety deems appropriate. The Kasey Alert system shall be developed with any coordination, training, and assistance available from the United States Department of Justice pursuant to the Ashanti Alert Act of 2018 and the Not Invisible Act of 2019.
Added by Laws 2023, c. 132, § 3, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1990.11. Statewide coordinator of system — Promulgation of rules.

A. The Commissioner of Public Safety shall be the statewide coordinator of the Kasey Alert system and shall coordinate with media outlets for the rapid and accurate announcement of a Kasey Alert to the public.
B. The Department of Public Safety shall promulgate rules as necessary to implement this act, provided that the rules shall include the following:
1. The procedure to be used by law enforcement agencies to verify whether an adult who has been reported missing is believed to be at risk of abduction or being taken against his or her will;
2. The criteria for law enforcement agencies to consider in circumstances in which a missing person may not meet the definition of a critically missing adult but whose safety would be best protected by the issuance of a Kasey Alert;
3. The procedure for law enforcement agencies to follow in initiating a statewide Kasey Alert;
4. The method whereby information is distributed to statewide media outlets;
5. The procedure for the receipt and evaluation of information received from the public about a critically missing adult; and
6. The procedure for the termination of a Kasey Alert.
Added by Laws 2023, c. 132, § 4, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1990.12. Law enforcement duties.

A. When a law enforcement agency receives notice of a critically missing adult, the agency shall take the following actions:
1. Enter the missing individual into the National Crime Information Center (NCIC) database immediately upon obtaining the necessary information for NCIC pursuant to the guidance of the Federal Bureau of Investigation (FBI);
2. Conduct an investigation into the disappearance of the critically missing adult to determine whether the person has likely been abducted or taken against his or her will; and
3. Collect identifying information and any other information about the critically missing adult that might be useful to the general public for the safe recovery of the person.
B. A Kasey Alert shall be activated if a law enforcement agency receives notice of a critically missing adult, takes the actions required in subsection A of this section, and determines that there is sufficient information to issue the Kasey Alert.
Added by Laws 2023, c. 132, § 5, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1990.13. Alert information.

A Kasey Alert shall include:
1. All appropriate information provided by a law enforcement agency that may lead to the safe recovery of the critically missing adult; and
2. A statement instructing any person with information related to a missing Native American or Indigenous person to contact law enforcement or tribal authorities.
Added by Laws 2023, c. 132, § 6, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1990.14. Termination of alerts.

A. Any law enforcement agency that issues a Kasey Alert shall terminate the alert when the notification period ends, as determined by a Department of Public Safety rule.
B. Any law enforcement agency that locates a person who is the subject of a Kasey Alert shall immediately notify the Department of Public Safety.
Added by Laws 2023, c. 132, § 7, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1991. Training for Alzheimer's and dementia care.

A. The State Board of Health shall promulgate rules that require all medical and direct care staff of nursing and specialized facilities, adult day care centers, assisted living centers and home health agencies licensed by the State Department of Health to complete, at a minimum, one (1) hour of in-service training per year in Alzheimer's- and dementia-related care.
B. The curricula for the training shall include, but not be limited to, learning ways to decode behavior messages, identifying common behavioral triggers and determining the types of positive communication that can take place between persons with Alzheimer's disease and professional caregivers.
C. The Board shall also promulgate rules establishing appropriate training requirements for support staff working in the facilities listed in subsection A of this section who do not provide direct care for patients.
Added by Laws 2017, c. 231, § 1, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-2212. Definitions.

As used in the Long-Term Care Ombudsman Act:
1. "Office" means the Office of the State Long-Term Care Ombudsman. For purposes of the Long-Term Care Ombudsman Act, any area or local ombudsman entity designated by the State Long-Term Care Ombudsman shall be deemed to be a subdivision of this Office;
2. "State Long-Term Care Ombudsman" means the individual employed by the Department of Human Services to be the chief administrative officer of the Office;
3. "Department" means the Department of Human Services;
4. "Representative" means the State Long-Term Care Ombudsman, and any state, area or local long-term care ombudsman designated by the State Long-Term Care Ombudsman, whether paid or unpaid; and
5. "Resident" means any person residing in a long-term care facility.
Added by Laws 1989, c. 326, § 2, emerg. eff. May 26, 1989. Amended by Laws 1996, c. 336, § 10, emerg. eff. June 12, 1996.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-2214. Liability of long-term care ombudsman - Legal representation.

A. For purposes of the Governmental Tort Claims Act, any state, area or local long-term care ombudsman shall be deemed to be an employee of this state and as such shall not be personally liable for any act or omission made within the "scope of employment", as such term is defined by the Governmental Tort Claims Act.
B. 1. The Department of Human Services shall assure that adequate legal counsel is available to the Office of the State Long-Term Care Ombudsman for the advice and consultation needed to protect the health, safety, welfare and rights of residents, and that legal representation is provided to any representative of the Office:
a.
against whom suit or other legal action is brought in connection with any act or omission of a representative made within the scope of employment, or
b.
to assist the ombudsman and representatives of the Office in the performance of their official duties.
2. The provisions of this section shall not be construed to require or authorize any legal counsel provided by the Department of Human Services to represent any resident of a nursing facility in an individual capacity.
Added by Laws 1989, c. 326, § 4, emerg. eff. May 26, 1989. Amended by Laws 1994, c. 89, § 2, emerg. eff. April 20, 1994.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-2215. Willful interference with official duties - Retaliation or reprisal for filing complaint - Penalty.

A. No person shall willfully interfere with a representative of the Office of the State Long-Term Care Ombudsman in the performance of official duties.
B. No person shall engage in retaliation or reprisal against any resident or employee of a long-term care facility or other entity for having filed a complaint with or provided information to the Office.
C. Any person convicted of violating any provisions of this section shall be guilty of a misdemeanor.
Added by Laws 1989, c. 326, § 5, emerg. eff. May 26, 1989.