2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-1-1949.4. Duties of State Department of Health or Commissioner.

The State Department of Health or, as appropriate, the State Commissioner of Health shall:
1. Develop and apply standards for approval of training and education programs for long-term care administrators that meet the accreditation standards of the National Association of Long Term Care Administrator Boards and approve or offer training and education programs, or both, as described in subsection F of Section 330.53 of this title;
2. Develop, impose, and enforce standards which must be met by individuals in order to receive a license or certification as a long-term care administrator, which standards shall be designed to ensure that long-term care administrators will be individuals who are of good character and are otherwise suitable, and who, by training or experience in the field of institutional administration, are qualified to serve as long-term care administrators;
3. Develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets such standards;
4. Issue licenses or certifications to individuals determined, after the application of such techniques, to meet such standards. The Department may deny an initial application, deny a renewal application, and revoke or suspend licenses or certifications previously issued by the Department in any case where the individual holding any such license or certification is determined substantially to have failed to conform to the requirements of such standards. The Department may also warn, censure, impose administrative fines or use other remedies that may be considered to be less than revocation and suspension. Administrative fines imposed pursuant to this section shall not exceed One Thousand Dollars ($1,000.00) per violation. The Department shall consider the scope, severity and repetition of the violation and any additional factors deemed appropriate by the Department when issuing a fine. The Department may utilize one or more administrative law judges to conduct administrative proceedings;
5. Establish and carry out procedures designed to ensure that individuals licensed or certified as long-term care administrators will, during any period that they serve as such, comply with the requirements of such standards;
6. Receive, investigate, and take appropriate action with respect to any charge or complaint filed with the Department to the effect that any individual licensed as a long-term care administrator has failed to comply with the requirements of such standards. The long-term care ombudsman program of the Aging Services Division of the Department of Human Services shall be notified of all complaint investigations of the Department so that they may be present at any such complaint investigation for the purpose of representing long-term care facility consumers;
7. Receive and take appropriate action on any complaint or referral received by the Department from the Department of Human Services or any other regulatory agency. A complaint shall not be published on the website of the Department unless there is a finding by the Department that the complaint has merit. The Commissioner shall promulgate rules that include, but are not limited to, provisions for:
a.
establishing a complaint review process,
b.
creating a formal complaint file,
c.
establishing a protocol for investigation of complaints, and
d.
establishing an independent informal dispute resolution process in accordance with Section 9 of this act;
8. Enforce the provisions of this act against all persons who are in violation thereof including, but not limited to, individuals who are practicing or attempting to practice as long-term care administrators without proper authorization from the Department;
9. Conduct a continuing study and investigation of long-term care facilities and administrators of long-term care facilities within the state with a view toward the improvement of the standards imposed for the licensing or certifying of such administrators and of procedures and methods for the enforcement of such standards with respect to administrators of long-term care facilities who have been licensed or certified;
10. Cooperate with and provide assistance when necessary to state regulatory agencies in investigations of complaints;
11. Develop a code of ethics for long-term care administrators which includes, but is not limited to, a statement that administrators have a fiduciary duty to the facility and cannot serve as guardian of the person or of the estate, or hold a durable power of attorney or power of attorney for any resident of a facility of which they are an administrator;
12. Report a final adverse action against a long-term care administrator to the Healthcare Integrity and Protection Data Bank pursuant to federal regulatory requirements;
13. Refer completed investigations to the proper law enforcement authorities for prosecution of criminal activities;
14. Impose administrative fines, in an amount to be determined by the Commissioner, against persons who do not comply with the provisions of this act or the rules adopted by the Commissioner. Administrative fines imposed pursuant to this section shall not exceed One Thousand Dollars ($1,000.00) per violation. The Department shall consider the scope, severity and repetition of the violation and any additional factors deemed appropriate by the Department when issuing a fine;
15. Assess the costs of the hearing process, including attorney fees;
16. Grant short-term provisional licenses to individuals who do not meet all of the licensing requirements, provided the individual obtains the services of a currently licensed administrator to act as a consultant and meets any additional criteria for a provisional license established by the Commissioner;
17. Promulgate rules governing the employment of assistant administrators including, but not limited to, minimum qualifications; and
18. Employ such staff as may be necessary to carry out the duties of this act.
Added by Laws 1968, c. 100, § 8, emerg. eff. April 1, 1968. Amended by Laws 1980, c. 175, § 2, eff. Oct. 1, 1980; Laws 1991, c. 168, § 6, eff. July 1, 1991; Laws 2005, c. 168, § 3, emerg. eff. May 13, 2005; Laws 2006, c. 291, § 7, eff. July 1, 2006; Laws 2007, c. 347, § 11, eff. Nov. 1, 2007; Laws 2008, c. 411, § 2, eff. Nov. 1, 2008; Laws 2011, c. 192, § 6, eff. Nov. 1, 2011; Laws 2023, c. 271, § 6, eff. Nov. 1, 2023. Renumbered from § 330.58 of this title by Laws 2023, c. 271, § 14, eff. Nov. 1, 2023.