reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1708.1I. Expert witnesses – Qualifications.

A. The court shall apply the criteria specified in subsection B of this section in determining whether an expert is qualified to offer expert testimony on the issue of whether the defendant health care provider departed from accepted standards of health care but may depart from those criteria if, under the circumstances, the court determines that there is good reason to admit the expert's testimony. The court shall state on the record the reason for admitting the testimony if the court departs from the criteria.
B. In determining whether a witness is qualified on the basis of training or experience, the court shall consider whether, at the time the claim arose or at the time the testimony is given, the witness:
1. Is licensed to practice medicine or has other substantial training or experience, in any area of health care relevant to the claim; and
2. Is actively practicing or retired from practicing health care in any area of health care services relevant to the claim.
C. This section shall not prevent a health care provider who is a defendant, or an employee of the defendant health care provider, from qualifying as an expert.
Added by Laws 2004, c. 368, § 24, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1709. Information concerning condition and treatment of patients - Restrictions - Exemption from liability - Review committees.

Any authorized person, hospital, sanatorium, nursing home or rest home, or other organization may provide information, interviews, reports, statements, memoranda or other data relating to the condition and treatment of any person to any of the following for use in the course of studies for the purpose of reducing morbidity or mortality: The State Board of Health; the Oklahoma State Medical Association, or any committee or allied society thereof; the American Medical Association, or other national organization approved by the State Board of Health, or any committee or allied medical society thereof; any in-hospital staff committee; or a city-county health department. No liability for damages or other relief shall arise or be enforced against any authorized person, institution or organization by reason of having provided such information or material, or by reason of having released or published the findings and conclusions of such groups to advance medical research and medical education, or by reason of having released or published generally a summary of such studies. The recipients shall use or publish such information or material only for the purpose of advancing medical research or medical education in the interest of reducing morbidity or mortality, except that a summary of such studies may be released by any such group for general publication. In all events, the identity of any person whose condition or treatment has been studied shall be confidential and shall not be revealed under any circumstances. Any information furnished shall not contain the name of the person upon whom information is furnished and shall not violate the confidential relationship of patient and doctor. All information, interviews, reports, statements, memoranda, or other data furnished by reason of this section, and any findings or conclusions resulting from such studies, are declared to be privileged communications which may not be used or offered or received in evidence in any legal proceeding of any kind or character, and any attempt to use or offer any such information, interviews, reports, statements, memoranda or other data, findings or conclusions, or any part thereof, unless waived by the interested parties, shall constitute prejudicial error in any such proceeding. Physicians and others appointed to hospital utilization review committees for the purpose of determining the optimum use of hospital services shall be immune from liability with respect to decisions made as to such utilization and actions thereunder so long as such physicians or others act in good faith; provided, however, that nothing in this section shall be construed to relieve any patient's personal physician of any liability which he may have in connection with the treatment of such patient.
Added by Laws 1963, c. 13, § 1. Amended by Laws 1968, c. 215, § 1, emerg. eff. April 23, 1968; Laws 2009, c. 276, § 2, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1710. Retirement system.

If, pursuant to the laws of Oklahoma or of any charter provision or ordinance of a city which participates in a city-county, county, district, or cooperative health department, as authorized by the Oklahoma Public Health Code, a retirement system is established for the employees of a participating city, the employees of the city-county, county, district, or cooperative health department may be included in that retirement system on the same basis applicable to employees of the participating city, provided the applicable Board of Health so recommends and the State Commissioner of Health, the board of county commissioners, and the governing body of the city which created and operates such health department approve. Nothing otherwise provided by law shall operate to prohibit the appropriation of county funds for the payment of the pro rata share of the contribution to be made to the city or county retirement fund on behalf of the employees of the applicable health department. In the event funds become available for public health purposes pursuant to the provisions of Section 9a, Article X of the Oklahoma Constitution and 63 O.S.Supp.1963, Sections 1-223 through 1-226, the contribution on behalf of the employees of the applicable health department may be paid from such funds; provided further, that an employee of the city-county, county, district, or cooperative health department shall not participate in more than one of the city, county, or state retirement systems.
1965, c. 102, § 1, emerg. eff. May 12, 1965.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1712. Failure to comply with or breach of certain federal laws inadmissible.

A health care provider's failure to comply with or a health care provider's breach of the federal Patient Protection and Affordable Care Act (Public Law 111-148) consolidating the amendment made by Title X of the Act and the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152) and any regulation, program, guideline or other provision established by such, shall not be admissible, used to determine the standard of care, or the legal basis for a presumption of negligence in any medical liability action in this state.
Added by Laws 2014, c. 416, § 1, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1750. Rules and regulations.

The State Board of Health has the power and duty to issue rules and regulations, not inconsistent with the laws of this state or of the federal government, which are necessary or useful to regulate in the public interest the practice of fitting and dealing hearing aids and licensing qualified individuals for the practice.
Laws 1980, c. 230, § 1, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1751. License fees.

Fees for licenses issued by the State Board of Health to practice the fitting and dealing of hearing aids shall be set by the State Board of Health at rates not less than the following schedule:
Application for a Temporary Permit
$ 15.00
Examination Fee
35.00
Renewal of a License
50.00
Renewal within thirty-day grace period
75.00
Renewal after expiration
100.00
Any fee schedule changes must be submitted to the Legislature for approval or rejection under the Administrative Procedures Act. Applicants for examinations shall be responsible for the full cost of examinations, re-examinations, and background checks relating to licensing and certification.
Added by Laws 1980, c. 230, § 2, eff. July 1, 1980. Amended by Laws 2015, c. 15, § 1, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1752. Abolition of Board of Hearing Aid Dealers and Fitters.

The Board of Hearing Aid Dealers and Fitters is hereby abolished. All unexpended funds within the Hearing Aid Dealers' and Fitters' Licensing Fund, property, records and any outstanding financial obligation and encumbrance of the Board of Hearing Aid Dealers and Fitters are hereby transferred to the State Department of Health.
Laws 1980, c. 230, § 3, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1754. Renewal of permit or license.

As a condition for renewal of a permit to practice, the Board shall require certificate and license holders to furnish evidence of participation in continuing education in the practice of fitting and dealing in hearing aids and related devices. The Board may adopt reasonable rules and regulations regarding such continuing education.
Laws 1980, c. 230, § 5, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1900.1. Long-Term Care Reform and Accountability Act of 2001.

A. This act shall be known and may be cited as the “Long-Term Care Reform and Accountability Act of 2001”.
B. The purpose of the Long-Term Care Reform and Accountability Act of 2001 shall be to design, develop and implement policies and procedures that improve the quality of care provided in this state’s long-care delivery system for the elderly and disabled. The purpose of the Long-Term Care Reform and Accountability Act of 2001 shall be accomplished through a series of initiatives.
Added by Laws 2001, c. 428, § 1, emerg. eff. June 5, 2001.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1900.2. Waiver of Nursing Home Care Act provisions and rules.

A. It is the intent of the Legislature to foster the development of resident autonomy, individualization and culture change in nursing facilities licensed by the State Department of Health.
B. The Commissioner of Health is authorized to waive any provision of the Nursing Home Care Act and any rules promulgated pursuant thereto, provided:
1. The waiver will not cause the State of Oklahoma to fail to comply with any applicable requirements established by the Centers for Medicare and Medicaid Services;
2. The waiver is granted to allow a nursing facility to satisfy the spirit of a statutory or administrative requirement by alternative means;
3. The waiver will not adversely affect the health, safety or welfare of any resident of a nursing facility; and
4. The waiver is in support of a deinstitutionalization model that restores individuals to a self-contained residence in the community that is designed like a private home and houses no more than twelve individuals.
C. The State Board of Health shall promulgate rules and establish procedures necessary to implement the waiver process established by this section.
Added by Laws 2007, c. 28, § 1.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1903. License required - Exemptions - Practice of healing arts not authorized – Application of act to facilities not receiving public funds.

A. No person shall establish, operate, or maintain in this state any nursing facility without first obtaining a license as required by the Nursing Home Care Act.
B. The Nursing Home Care Act shall not apply to residential care homes, assisted living facilities or adult companion homes which are operated in conjunction with a nursing facility, a home or facility approved and annually reviewed by the United States Department of Veterans Affairs as a medical foster home in which care is provided exclusively to three or fewer veterans, or to hotels, motels, boarding houses, rooming houses, or other places that furnish board or room to their residents.
C. Each State Veterans Home nursing facility licensed pursuant to the provisions of this section shall be regulated as an existing nursing facility for the purposes of meeting state and federal standards.
D. Certificate of need review shall not be required for any addition, deletion, modification or new construction of current or future State Veterans Home nursing facilities.
E. The Nursing Home Care Act shall not authorize any person to engage in any manner in the practice of the healing arts or the practice of medicine, as defined by law.
F. The Nursing Home Care Act shall not apply to a facility which is not charging or receiving periodic compensation for services rendered, and not receiving any county, state, or federal assistance.
Added by Laws 1980, c. 241, § 3, eff. Oct. 1, 1980. Amended by Laws 1984, c. 128, § 3, eff. Nov. 1, 1984; Laws 1987, c. 98, § 23, emerg. eff. May 20, 1987; Laws 1991, c. 127, § 2, emerg. eff. April 29, 1991; Laws 1993, c. 234, § 2, eff. July 1, 1993; Laws 1993, c. 360, § 7, eff. July 1, 1993; Laws 2003, c. 89, § 1, emerg. eff. April 15, 2003; Laws 2012, c. 12, § 3, emerg. eff. April 5, 2012; Laws 2013, c. 379, § 1, emerg. eff. May 29, 2013; Laws 2022, c. 83, § 7, emerg. eff. April 25, 2022.
NOTE: Laws 1993, c. 159, § 17 repealed by Laws 1993, c. 360, § 16, emerg. eff. June 10, 1993.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1908. Fire safety standards - Vendor payments.

A. No facility shall be licensed to operate or continue to operate unless, in addition to compliance with other current licensure requirements, the building is of one-hour fire resistant construction and approved by the Department and the State Fire Marshal. If the building is not of one-hour fire resistant construction in addition to the other current licensure requirements, the facility must be approved by the State Department of Health and the State Fire Marshal. In addition, the facility must have an approved automatic sprinkler system, as rated and approved by the National Fire Protection Association Standards.
B. Each facility that proposes an increase in beds, whether through new construction or modification, shall submit construction plans to the Department for review prior to the start of construction. The Department may assess a fee for such review in an amount not more than two one-hundredths percent (0.02%) or One Thousand Dollars ($1,000.00), whichever is the least amount, per project of the total construction cost of the facility or modification. The maximum fee for plan review for a ten-bed or ten percent (10%) expansion project authorized under subsection C of Section 1-852 of this title shall be One Thousand Dollars ($1,000.00). The State Board of Health shall promulgate rules for submission and resubmission of construction plans to ensure the timely review of such plans by the Department.
C. The Department of Human Services and the Oklahoma Health Care Authority shall not make a vendor payment to any individual or facility on behalf of any person for medical care rendered in the form of nursing service outside such person's home, unless such individual or facility holds a current nursing facility, continuum of care facility, assisted living, or adult day care license issued by the Commissioner or other state agency authorized to issue such license.
Added by Laws 1980, c. 241, § 8, eff. Oct. 1, 1980. Amended by Laws 1997, c. 223, § 8, emerg. eff. May 20, 1997; Laws 2004, c. 436, § 11, emerg. eff. June 4, 2004.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1908.1. Funding source for temporary managers, state monitors or receivers – Nursing Facility Administrative Penalties Fund.

A. The Oklahoma Health Care Authority shall amend the state Medicaid plan to provide a funding source for payment of temporary managers, state monitors or receivers in facilities certified to provide long-term care services under Medicaid, upon request of the State Department of Health, pursuant to 42 U.S.C.A., Section 1396r(h)(z).
B. There is hereby created in the State Treasury a revolving fund for the State Department of Health to be designated the “Nursing Facility Administrative Penalties Fund”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the State Department of Health from administrative penalties imposed under the Nursing Home Care Act. Monies collected as a result of administrative penalties imposed under the Nursing Home Care Act shall be deposited into the fund. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Department for the protection of health or property of residents of nursing and specialized nursing facilities that have been placed under temporary managers, state monitors or receivers requested by the Department, including, but not limited to, the following purposes:
1. Relocation expenses incurred by the Department, in the event of closure of a facility;
2. Maintenance of facility operation pending correction of deficiencies or closure, such as temporary management, state monitor or receivership, in the event that the revenues of the facility are insufficient; or
3. The costs associated with informational meetings held by the Department with residents, family members, and interested parties in an affected community where the Department proceeds with appointment of a temporary manager, state monitor or receivership petition.
Added by Laws 1995, c. 230, § 10, eff. July 1, 1995. Amended by Laws 2002, c. 230, § 5, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1909. Documents and papers required to be displayed.

Every long-term care facility as defined by Section 3 of this act shall conspicuously post for display in an area of its offices accessible to residents, employees and visitors the following:
1. Its current license;
2. A description, provided by the State Department of Health, of complaint procedures established under this act and the name, address and telephone number of a person authorized by the Department to receive complaints. A copy of the complaint procedure shall also be given to each resident or in certain cases, the court appointed guardian;
3. A copy of any order pertaining to the facility issued by the Department or a court which is currently in effect;
4. A copy of any notification from the local law enforcement authority of the registration of any person residing in the facility who is required to register pursuant to the provisions of the Sex Offenders Registration Act or the Mary Rippy Violent Crime Offenders Registration Act; and
5. A list of the material available for public inspection under Section 1-1910 of this title.
Added by Laws 1980, c. 241, § 9, eff. Oct. 1, 1980. Amended by Laws 2005, c. 465, § 1, emerg. eff. June 9, 2005.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1910. Records required to be retained for public inspection.

A facility shall retain the following for public inspection:
1. A complete copy of every inspection report of the facility received from the Department during the past three (3) years;
2. A copy of every order pertaining to the facility issued by the Department or a court during the past three (3) years;
3. A description of the services provided by the facility and the rates charged for those services and items for which a resident may be separately charged;
4. A copy of the statement of ownership;
5. A record of personnel who are licensed, certified or registered and employed or retained by the facility who are responsible for patient care; and
6. A complete copy of the most recent inspection report of the facility received from the Department.
Laws 1980, c. 241, § 10, eff. Oct. 1, 1980.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1914. Plan of correction of violations to be submitted - Report of correction - Petition for time extension - Contest of department action.

A. A facility shall have ten (10) working days after receipt of notice of violation in which to prepare and submit a plan of correction. The plan of correction shall include a fixed time period, not to exceed sixty (60) days within which the violations are to be corrected. The Department may extend this period where correction involves substantial structural improvement. If the Department rejects a plan of correction, it shall send notice of the rejection and the reason for the rejection to the facility. The facility shall have ten (10) working 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 Department shall impose a plan of correction which the facility shall follow.
B. If the violation has been corrected prior to submission and approval of a plan of correction, the facility may submit a report of correction in place of a plan of correction.
C. Upon a licensee's written request, the Department shall determine whether to grant a licensee's request for an extended correction time. Such request shall be served on the Department prior to expiration of the correction time originally approved. The burden of proof shall be on the licensee to show good cause for not being able to comply with the original correction time approved.
D. If a facility desires to contest any Department action under this section, it shall send a written request for an informal dispute resolution, hearing or both to the Department within ten (10) working days of receipt of notice of the contested action and the Department shall commence the informal dispute resolution or hearing.
Added by Laws 1980, c. 241, § 14, eff. Oct. 1, 1980. Amended by Laws 1995, c. 230, § 13, eff. July 1, 1995; Laws 2005, c. 460, § 2, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1914.3. Informal dispute resolution meeting.

A. An informal dispute resolution meeting may be conducted by the State Department of Health.
B. The State Department of Health shall assign all informal dispute resolutions to the unit or section charged with performing survey or inspection activity.
Added by Laws 2005, c. 460, § 4, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1914.4. Definitions.

For purposes of this act:
1. "Deficiency" means a violation or alleged violation by a facility of applicable state or federal laws, rules, or regulations governing the operation or licensure of a facility;
2. "Deficiency identification number" means an alphanumeric designation of a deficiency by the State Department of Health that denotes the applicable state or federal rule, regulation, or law allegedly violated and that is used on the statement of deficiencies;
3. "Impartial decision maker" means an individual employed by or under contract with the State Department of Health to conduct an informal dispute resolution for the agency;
4. "Informal dispute resolution" means a nonjudicial process or forum before an impartial decision maker that provides a facility cited for deficiency with the opportunity to dispute a citation for deficiency;
5. "Party" means a facility requesting an informal dispute resolution, the State Department of Health, or both;
6. "State survey agency" means the State Department of Health, the federally designated state entity that performs Medicaid and Medicare surveys and inspections of Oklahoma facilities; and
7. "Statement of deficiencies" means a statement prepared by the State Department of Health citing the applicable state or federal laws, rules, or regulations violated by a facility and the facts supporting the citation.
Added by Laws 2005, c. 460, § 5, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1914.5. Written request for informal dispute resolution.

A. A facility that wishes to challenge a deficiency through the informal dispute resolution process shall make a written request to the State Department of Health within ten (10) calendar days of the receipt of the statement of deficiencies from the State Department of Health.
B. The written request for an informal dispute resolution shall include:
1. A list of all deficiencies that the facility wishes to challenge; and
2. A statement indicating whether the facility wants the informal dispute resolution to be conducted by telephone conference call, by record review of the impartial decision maker, or by a meeting in which the facility and the State Department of Health appear before the impartial decision maker.
C. A request for an informal dispute resolution shall not:
1. Stay any action for enforcement or imposition of remedies;
2. Affect or preclude the right of a facility to judicial or administrative appeal; or
3. Duplicate any procedures already held under the federal requirements for informal dispute resolution.
Added by Laws 2005, c. 460, § 6, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1914.6. Informal dispute resolution - Impartial decision maker.

A. Upon receipt of a request for an informal dispute resolution from a facility, the State Department of Health shall assign the matter to an impartial decision maker.
B. The impartial decision maker shall:
1. Schedule a time and date for a meeting; and
2. Inform the parties of the time and date of the informal dispute resolution.
C. If the request for an informal dispute resolution includes a request by the facility for a meeting at which the facility may appear before the impartial decision maker, the impartial decision maker shall:
1. Arrange for facilities appropriate for conducting the meeting; and
2. Inform the parties of the location of the meeting.
D. Each party shall submit to the impartial decision maker all documentary evidence that the party believes has a bearing on or relevance to the deficiencies in dispute by the date specified by the impartial decision maker.
E. 1. If the request for an informal dispute resolution does not include a request by the facility for a meeting at which the facility may appear before the impartial decision maker, or upon agreement of the facility and the Department, the impartial decision maker may conduct the meeting by telephone conference call or by a review of documentary evidence submitted by the parties.
2. a.
If the informal dispute resolution is conducted by record review, the impartial decision maker may request, and the facility shall provide, a written statement setting forth the facility’s position on accepting, rejecting, or modifying each deficiency in dispute.
b.
The written statement shall specify the documentary evidence that supports the position of the facility for each deficiency in dispute.
c.
The facility shall provide its written statement to the impartial decision maker and the Department.
d.
The Department shall then provide its written statement in rebuttal to the impartial decision maker and the facility.
Added by Laws 2005, c. 460, § 7, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1914.8. Informal dispute resolution - Procedure.

A. 1. In all informal dispute resolution cases except record review, the State Department of Health shall present the initial arguments.
2. The facility shall then present its arguments.
B. 1. The informal dispute resolution shall be limited to no more than two (2) hours in length, with each party being permitted one (1) hour to present its arguments.
2. However, the impartial decision maker may grant each party additional equal time for good cause as determined by the impartial decision maker.
C. 1. Rules of evidence or procedure shall not apply to the informal dispute resolution except as provided in this section.
2. The impartial decision maker may:
a.
accept any information that the impartial decision maker deems material to the issue being presented, and
b.
reject any information that the impartial decision maker deems immaterial to the issue being presented.
D. 1. The informal dispute resolution may not be recorded.
2. However, the impartial decision maker may make written or recorded notes of the arguments.
E. Only employees of the facility, attending physicians of residents of the facility at the time of the deficiency, pharmacists providing medications to residents of the facility at the time of the deficiency, and consultant pharmacists or nurse consultants utilized by the facility, or the medical director of the facility may appear or participate in the informal dispute resolution for, or on the behalf of, the facility.
F. Only employees of the Department may appear or participate at the meeting for, or on behalf of, the Department.
G. The State Long-Term Care Ombudsman, or designee, may appear at, or participate in, the meeting.
H. No party may be represented by an attorney.
Added by Laws 2005, c. 460, § 9, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1914.9. Determinations - Impartial decision maker – State survey agency.

A. 1. Upon the conclusion of all arguments by the parties at the informal dispute resolution, the impartial decision maker shall issue a written statement of findings that shall be entitled "Determinations".
2. The determinations shall include:
a.
a recitation of the deficiency identification numbers,
b.
a statement of whether a disputed deficiency should remain, be removed, or be modified on the statement of deficiencies, and
c.
the facts and persuasive arguments that support the finding of the impartial decision maker for each deficiency identification number.
B. 1. The determination of the impartial decision maker shall be provided to all parties.
2. The State Department of Health shall review the determination and shall issue a written document entitled "State Survey Agency Determination".
C. A state survey agency determination is not subject to appeal, reargument, or reconsideration.
D. The Department shall deliver a copy of the state survey agency determination to the facility and to the impartial decision maker.
E. 1. In accordance with the state survey agency determination, the Department shall issue an amended state of deficiencies if the state survey agency determination results in modification to any deficiencies cited in the original statement of deficiencies.
2. If the Department determines that amendments to the statement of deficiencies should result in changes to the scope or severity assigned to any deficiency, the amended statement of deficiencies shall reflect the changes to the scope or severity of any cited deficiency.
F. The amended statement of deficiencies shall be provided to the facility.
Added by Laws 2005, c. 460, § 10, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1914.10. Deficiencies.

A. The informal dispute resolution process is limited to deficiencies cited on a statement of deficiencies.
B. 1. If the impartial decision maker finds that matters not subject to informal dispute resolution are presented, the impartial decision maker shall strike all documentary evidence related to or presented for the purpose of disputing the matter not subject to informal dispute resolution.
2. The impartial decision maker may not include in the determination any matter not subject to informal dispute resolution.
Added by Laws 2005, c. 460, § 11, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1914.11. Alternative informal dispute resolution - Definitions.

For purposes of Sections 3 through 8 of this act:
1. “Impartial decision-making panel” means a group of individuals who are qualified volunteers and employees or contractors with the State Department of Health and shall consist of five (5) members as follows:
a.
two members shall be impartial representative volunteers who have experience in the operation of a long-term care setting, such as an administrator, operator or director of nursing,
b.
one member shall be an employee of the Department who has experience in the survey process,
c.
one member shall be a person representing the aging or disabled community, and
d.
one member shall be an impartial person who is not employed by the Protective Health Services, Long-Term Care Division of the State Department of Health; and
2. “Alternative informal dispute resolution” means a nonjudicial process or forum before an impartial decision-making panel that provides a facility cited for deficiency with the opportunity to dispute a citation for deficiency within the pilot program established in Sections 3 through 8 of this act.
Added by Laws 2007, c. 347, § 3, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1914.12. Alternative informal dispute resolution.

Upon written request, a long-term care facility may choose to participate in an informal dispute resolution panel to be offered by the State Department of Health as an alternative to the informal dispute resolution process outlined in Sections 1-1914.3 through 1-1914.10 of this title.
Added by Laws 2007, c. 347, § 4, eff. Nov. 1, 2007. Amended by Laws 2009, c. 56, § 1, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1914.13. Request for alternative informal dispute resolution - Meeting with impartial decision-making panel.

A. Upon receipt of a request for an alternative informal dispute resolution from a facility, the State Department of Health shall assign the matter to an impartial decision-making panel.
B. The Department shall:
1. Schedule a time and date for a meeting; and
2. Inform the parties of the time and date of the alternative informal dispute resolution.
C. If the request for an alternative informal dispute resolution includes a request by the facility for a meeting at which the facility may appear before the decision-making panel, the Department shall:
1. Arrange for facilities appropriate for conducting the meeting; and
2. Inform the parties of the location of the meeting.
D. Each party shall submit to the impartial decision-making panel all documentary evidence that the party believes has a bearing on or relevance to the deficiencies in dispute by the date specified by the Department.
E. 1. If the request for an alternative informal dispute resolution does not include a request by the facility for a meeting at which the facility may appear before the impartial decision-making panel, or upon agreement of the facility and the Department, the impartial decision-making panel may conduct the meeting by telephone conference call or by a review of documentary evidence submitted by the parties.
2.
a.
If the alternative informal dispute resolution is conducted by record review, the impartial decision-making panel may request, and the facility shall provide, a written statement setting forth the facility’s position on accepting, rejecting, or modifying each deficiency in dispute.
b.
The written statement shall specify the documentary evidence that supports the position of the facility for each deficiency in dispute.
c.
The facility shall provide its written statement to the impartial decision-making panel and the Department.
d.
The Department shall then provide its written statement in rebuttal to the impartial decision-making panel and the facility.
Added by Laws 2007, c. 347, § 5, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1914.14. Alternative informal dispute resolution - Procedure - Evidence.

A. 1. In all alternative informal dispute resolution cases except record review, the State Department of Health shall present the initial arguments.
2. The facility shall then present its arguments.
B. 1. The alternative informal dispute resolution shall be limited to no more than two (2) hours in length, with each party being permitted one (1) hour to present its arguments;
2. However, the impartial decision-making panel may grant each party additional equal time for good cause as determined by the impartial decision making-panel.
C. 1. Rules of evidence or procedure shall not apply to the alternative informal dispute resolution except as provided in this section.
2. The impartial decision-making panel may:
a.
accept any information that the impartial decision-making panel deems material to the issue being presented, and
b.
reject any information that the impartial decision-making panel deems immaterial to the issue being presented.
D. 1. The alternative informal dispute resolution may not be recorded.
2. However, the impartial decision-making panel may make written or recorded notes of the arguments.
E. Only employees of the facility, attending physicians of residents of the facility at the time of the deficiency, pharmacists providing medications to residents of the facility at the time of the deficiency, and consultant pharmacists or nurse consultants utilized by the facility, or the medical director of the facility, may appear or participate in the alternative informal dispute resolution for, or on the behalf of, the facility.
F. Only employees of the Department may appear or participate at the meeting for, or on behalf of, the Department.
G. The State Long-Term Care Ombudsman or designee, may appear at, or participate in, the meeting.
H. No party may be represented by an attorney.
Added by Laws 2007, c. 347, § 6, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1914.15. Alternative informal dispute resolution - Determinations - State survey agency determination - Amended statement of deficiencies.

A. 1. Upon the conclusion of all arguments by the parties at the alternative informal dispute resolution, the impartial decision-making panel shall issue a written statement of findings that shall be entitled “Determinations”.
2. The determinations shall include:
a.
a recitation of the deficiency identification numbers,
b.
a statement of whether a disputed deficiency should remain, be removed, or be modified on the statement of deficiencies, and
c.
the facts and persuasive arguments that support the finding of the impartial decision-making panel for each deficiency identification number.
B. 1. The determination of the impartial decision-making panel shall be provided to all parties.
2. The State Department of Health shall review the determination and shall issue a written document entitled “State Survey Agency Determination”.
C. A state survey agency determination is not subject to appeal, reargument, or reconsideration.
D. The Department shall deliver a copy of the state survey agency determination to the facility and to the impartial decision-making panel.
E. 1. In accordance with the state survey agency determination, the Department shall issue an amended state of deficiencies if the state survey agency determination results in modification to any deficiencies cited in the original statement of deficiencies.
2. If the Department determines that amendments to the statement of deficiencies should result in changes to the scope or severity assigned to any deficiency, the amended statement of deficiencies shall reflect the changes to the scope or severity of any cited deficiency.
F. The amended statement of deficiencies shall be provided to the facility.
Added by Laws 2007, c. 347, § 7, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1914.16. Alternative informal dispute resolution - Limitation of matters.

A. The alternative informal dispute resolution process is limited to deficiencies cited on a statement of deficiencies.
B. 1. If the impartial decision-making panel finds that matters not subject to alternative informal dispute resolution are presented, the impartial decision-making panel shall strike all documentary evidence related to or presented for the purpose of disputing the matter not subject to alternative informal dispute resolution.
2. The impartial decision-making panel may not include in the determination any matter not subject to alternative informal dispute resolution.
Added by Laws 2007, c. 347, § 8, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1916. Prohibited acts - Violations - Prosecution.

A. No person, including any person at any facility operated by the Oklahoma Department of Veterans Affairs, shall:
1. Intentionally fail to correct or interfere with the correction of a violation within the time specified on the notice or approved plan of correction under this act as the maximum period given for correction, unless an extension is granted and the corrections are made before expiration of extension;
2. Intentionally prevent, interfere with, or attempt to impede in any way the work of any duly authorized representative of the Department in the investigation and enforcement of this act;
3. Intentionally prevent or attempt to prevent any such representative from examining any relevant books or records in the conduct of official duties under this act;
4. Intentionally prevent or interfere with any such representative in the preserving of evidence of any violation of this act or the rules promulgated under this act;
5. Intentionally 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 under this act;
6. Willfully file any false, incomplete or intentionally misleading information required to be filed under this act, or willfully fail or refuse to file any information; or
7. Open or operate a facility without a license.
B. A violation of this section is a misdemeanor.
C. The district attorney of the county in which the facility is located, or the Attorney General, may be requested by the Department to initiate prosecutions under this section.
Added by Laws 1980, c. 241, § 16, eff. Oct. 1, 1980. Amended by Laws 2013, c. 379, § 4, emerg. eff. May 29, 2013.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1916.1. Violations - Penalties - Criteria for determination of amount of penalty - Appeal - Surrender of license.

A. Any person who has been determined by the State Department of Health to have violated any provision of the Nursing Home Care Act or any rule promulgated or order issued pursuant to the provisions of the Nursing Home Care Act, may be liable for an administrative penalty for each day that said violation or violations continue to exist. Penalties of not less than Fifty Dollars ($50.00) per day or more than Three Thousand Dollars ($3,000.00) per day may be imposed for deficiencies that do not constitute immediate jeopardy to residents. Penalties of not less than Three Thousand Fifty Dollars ($3,050.00) per day or more than Ten Thousand Dollars ($10,000.00) per day may be imposed for deficiencies constituting immediate jeopardy to residents; provided, however, that specialized facilities for the developmentally disabled or nursing facilities licensed pursuant to this act, which do not participate in Medicaid or Medicare, shall be liable for the maximum penalty, not to 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 opportunity for hearing. Within ten (10) working days of the inspection documenting the violation, the facility may appeal this decision pursuant to Article II of the Administrative Procedures Act. 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, the repetitive nature of the violation at this facility or others operated by the same entity, the previous degree of difficulty in obtaining compliance with the rules, and, with respect to the person found to have committed the violation, the degree of culpability, the facility's financial condition and substantial show of good faith in attempting to achieve compliance with the provisions of the Nursing Home Care Act.
C. Any license holder may elect to surrender his license in lieu of said fine but shall be forever barred from obtaining a reissuance of the license or any other license issued pursuant to the Nursing Home Care Act.
Added by Laws 1989, c. 227, § 30, operative July 1, 1989. Amended by Laws 1991, c. 127, § 9, emerg. eff. April 29, 1991; Laws 1995, c. 230, § 16, eff. July 1, 1995.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1916.2. Denial, refusal to renew, suspension or revocation of license.

The State Department of Health may deny, refuse to renew, suspend or revoke a license or assess administrative penalties to an applicant, licensee, or facility which has a history of noncompliance or incomplete or partial compliance with or repeated violations of the provisions of the Nursing Home Care Act or the standards, rules or regulations of the Board issued pursuant to the provisions of the Nursing Home Care Act or other satisfactory evidence which demonstrates that the applicant or licensee is unlikely to manage or operate a facility or to provide care or treatment to the residents of a home in a manner which warrants public trust.
Added by Laws 1989, c. 227, § 31. Amended by Laws 1991, c. 127, § 10, emerg. eff. April 29, 1991.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1917. State agencies to assist in carrying out provisions of act.

It shall be the duty of the Department of Human Services and the Director of the Oklahoma State Bureau of Investigation to assist the Commissioner in carrying out the provisions of this act insofar as the functions of these respective offices and departments are concerned with the health, welfare and safety of any person or persons cared for in facilities as defined herein.
Laws 1980, c. 241, § 17, eff. Oct. 1, 1980.
2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1918.1. Dispensation of certain drugs in bubble pack units - Pilot program.

A. The purpose of this section is to reduce expensive and unnecessary wastage of excess drugs dispensed to residents of nursing homes. In order to determine if the use of bubble pack units and the return and reissuance of unadulterated drugs is cost-effective and administratively efficient there is hereby established a pilot program for dispensing and returning anti-ulcer and antiarthritics in bubble pack units. The pilot program shall terminate January 1, 1998.
B. For the purpose of this study, upon filling a prescription for residents of nursing facilities, a pharmacist shall dispense anti-ulcer and antiarthritics in bubble pack units when available.
C. Any prescription for anti-ulcer and antiarthritics dispensed by a pharmacist in bubble pack units for a resident of a nursing home that is unused and is unadulterated may be returned for credit to the issuing pharmacy. Such medication may be dispensed by the pharmacist to other nursing home patients. The Oklahoma Health Care Authority in concert with the State Board of Pharmacy shall promulgate permanent rules that will provide for the implementation of this subsection. The permanent rules shall be promulgated by the Board pursuant to the provisions of the Administrative Procedures Act.
D. The Oklahoma State Board of Health in concert with the State Board of Pharmacy shall promulgate rules to ensure the integrity of the collection of unadulterated anti-ulcer and antiarthritics within nursing facilities. The rules shall provide for a drug manifest form that shall accompany each shipment of unadulterated anti-ulcer and antiarthritics in bubble pack units from the nursing facility to the dispensing pharmacy.
E. The State Board of Health shall report the findings of the pilot program to the Speaker of the House of Representatives, the President Pro Tempore of the Senate and the Governor by April 1, 1998.
F. For purposes of this section:
1. "Bubble pack units" means a sealed unit of use container packaged by a pharmacy or pharmaceutical manufacturer that bears the name of the drug, expiration date, and the name of the pharmacy dispensing the drug;
2. "Nursing facility" means a facility as defined by Section 1-1902 of Title 63 of the Oklahoma Statutes;
3. "Unadulterated" means medications that are properly stored, labeled and not past the expiration date; and
4. "Antiarthritics" means legend nonsteroidal anti-inflammatory drugs.
Added by Laws 1995, c. 299, § 1, eff. Sept. 1, 1995.