Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 679 - LONG-TERM CARE ADMINISTRATORS › Subchapter 1 - General Provisions › Section 310:679-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Accredited college"
or
"university"
means a college or university that is domiciled
				  within the United States and that is accredited by: the North Central
				  Association of Colleges and Schools, The Higher Learning Commission; the
				  Southern Association of Colleges and Schools, Commission on Colleges; the
				  Western Association of Schools and Colleges, Accrediting Commission for Senior
				  Colleges and Universities; the New England Association of Schools and Colleges,
				  Commission on Institutions of Higher Education; the Middle States Association
				  of Colleges and Schools, Middle States Commission on Higher Education; or the
				  Northwest Commission on Colleges and Universities.
"Administrator-In-Training"
or
"AIT"
means an individual serving a Board-approved internship
				  within the facility type for which he is seeking licensure/certification under
				  the supervision of a preceptor 'certified' by the Board. Individuals serving an
				  AIT internship may also be referred to herein as 'intern/trainee'.
"Administrator"
means any individual duly
				  licensed or certified by the Board regardless of the role or function he
				  performs.
"Administrator of Record"
or
"AOR"
means the administrator licensed by this Board who has the authority and
				  responsibility for the total operation of the facility, subject only to the
				  policies adopted by the governing authority.
"Adult Day Care (ADC) Administrator"
means a
				  long term care administrator (or director) duly licensed by the Board to serve
				  in this capacity in an Adult Day Care Center. The scope of practice of an
				  individual licensed as an Adult Day Care Administrator is limited to a licensed
				  Adult Day Care Center.
"Adult Day Care (ADC) Center"
shall have the
				  same meaning as such term is defined in the Adult Day Care Act, Title 63 O.S.
				  Section 1-870 et seq.
"Adverse action"
means revocation or suspension
				  of a license, reprimand, censure or probation; any other loss of or restriction
				  placed upon the license, including, but not limited to the right to apply for,
				  or renew a license; voluntary surrender in lieu of discipline, non-renewal
				  (excluding nonrenewal due to non- payment of fees, or retirement);
				  administrative fines and any other negative action or finding by the
				  Board.
"Assisted Living Center"
shall have the same
				  meaning as such term is defined in the Continuum of Care and Assisted Living
				  Act, Title 63 O.S. Section
				  1- 890.1 et seq. Also known as an
				  Assisted Living Facility (ALF).
"Board"
means the Oklahoma State Board of
				  Examiners for Long Term Care Administrators (OSBELTCA) or its staff.
"Certification"
contextually, prior to the
				  effective date of these rules, means the authorization granting a person the
				  privilege of serving as a long term care administrator and continues until
				  licensed in accordance with these rules or until October 1, 2012, whichever
				  occurs first. The exception is the certified assistant administrator (CAA)
				  which this Board continues to certify. Certification after the effective date
				  of these rules pertains to the completion of training at an approved
				  institution of higher learning or other body conducting such training (except
				  Administrator University for Nursing Home Administrators and Board conducted
				  training for Adult Day Care administrators). The institution or body certifies
				  that the individual has been properly and completely trained and is prepared,
				  as a prerequisite, for the state standards exam and/or NAB RC/AL exam.
				  Certification of training is a step in the licensure process for RC and RC/AL
				  licensure.
"Certified Assistant Administrator (CAA)"
or
"Assistant Administrator"
as used herein means an individual who
				  has been 'certified' by the Board as having met the minimum qualifications
				  established by the Board to be able to serve as a full-time, Certified
				  Assistant Administrator in a licensed long term care nursing facility, and who
				  acts under the direction, supervision and license of a licensed nursing home
				  administrator.
"Continuum of Care Facility"
shall have the same
				  meaning as such term is defined in the Continuum of Care and Assisted Living
				  Act, Title 63 O.S. Section
				  1-890.1 et seq.
"Degree equivalency evaluation"
means an
				  equivalency evaluation of a degree that was earned from a college or university
				  not domiciled in the United States against a degree earned from an 'accredited
				  college or university' (see definition earlier herein) that is performed by one
				  of the following:
(A) Educational
				Credential Evaluators (ECE)
(B)
				Educational Records Evaluation Service (ERES)
(C) International Education Research
				Foundation Credentials Evaluation Service (IERFCES)
(D) World Education Services (WES)
"Formal Complaint"
means a formal allegation by
				  the Board that probable cause exists that an individual licensed as a long term
				  care administrator has violated applicable statutes and/or rules. These
				  allegations are written in a legal document filed with the Board by its
				  prosecuting attorney.
"Good Standing"
means a
				  license/certification/registration is active and not expired, suspended,
				  revoked, surrendered, conditioned or otherwise in status that in any manner
				  restricts the activity of the holder under its authority. When there is any
				  other history of disciplinary action taken by any jurisdiction against a
				  license, certification or registration, the Board retains sole discretion of
				  evaluating the magnitude of any such action in its determination of an
				  applicant's eligibility for approval in Oklahoma.
"Health Services Executive"
or
"HSE"
means a broad-based NAB verified qualification which exceeds
				  this Board's standards to be licensed as a nursing home administrator (NHA). It
				  is not a license and it does not grant the holder of this qualification any
				  additional privileges with the NHA license.
"Intermediate Care Facility for the Mentally Retarded
				  (ICF/MR)"
means a facility whose primary purpose is to provide health
				  and rehabilitative services for persons with mental retardation or a related
				  condition, and otherwise meets the Conditions Of Participation (COPs) found at
				  42 CFR §
										483.400 et seq. ICF/MR is synonymous with the
				  term ICF/IID (intermediate care facility for individuals with an intellectual
				  disability).
"Intermediate Care Facility for the Mentally Retarded,
				  16 Beds and Less (ICF/MR-16)"
means a facility with sixteen (16) or
				  fewer licensed resident beds that serves persons with mental retardation or
				  with related conditions and that otherwise meets the Conditions Of
				  Participation (COPs) found at
				  42 CFR §
										483.400 et seq.
"Lapsed License or Expired License"
means a
				  license that is no longer valid because the licensee failed to renew his/her
				  license by the renewal deadline, causing the license to lapse or expire.
"License"
means the written authorization of the
				  Board granting a person the privilege of serving as a long term care
				  administrator for a specific period of time, and further, a legal instrument
				  obligating that person to adhere to the rules, regulations and statutes that
				  govern the license.
"Licensing Year"
shall mean the specific period
				  of time a license/certification issued by the Board is valid. For purposes of
				  these Rules, the term "licensing year" shall have the same meaning as "calendar
				  year," the time period beginning at 12:01 a.m., January 1, and ending as of
				  12:00 midnight, the same December 31.
"Licensure by Endorsement"
refers to the
				  process of a jurisdiction granting a license to an applicant who is licensed in
				  good standing and upon proof of requisite experience, education and
				  qualifications at an equivalent designation in another jurisdiction.
"Long Term Care"
primarily for the purposes of
				  this board, as used herein, includes care given at facilities where a licensed
				  long term care administrator is required such as a nursing facility, assisted
				  living facility, residential care facility or an adult day care center. It does
				  not encompass temporary care situations such as a swing bed hospital.
"National Association of Long Term Care Administrator
				  Boards"
(
"NAB"
) is composed of state boards or agencies
				  responsible for licensing long term care administrators. The basic objective of
				  the NAB is to assist these boards and agencies in carrying out their statutory
				  and regulatory responsibilities in the licensure, re-licensure and regulation
				  of long term care administrators. One of NAB's functions is the development and
				  administration of the national long term care administrator or Nursing Home
				  Administrator (NHA) examination, as well as the Residential Care/Assisted
				  Living (RC/AL) examination.
"NAB Domains of Practice"
refers to the tasks
				  performed by a long term care administrator and the knowledge, skills and
				  abilities identified by NAB as necessary to perform those tasks in its
				  professional practice analysis. The NAB Domains of Practice can be found on the
				  National Association of Long Term Care Administrator Boards (NAB) website at
www.nabweb.org
.
"Notification by OSDH"
refers to the OSDH
				  (Oklahoma State Department of Health) notifying the Board of survey results of
				  a nursing facility that include a substandard quality of care citation. A
				  notification may become a referral.
"Nursing Home and Nursing Facility"
shall refer
				  to both "Nursing Facility" and "Specialized Facility" as such terms are defined
				  in the Nursing Home Care Act, Title 63 O.S. Section
				  1-1901 et seq. and/or as defined
				  at 42 CFR §
										483.1 et seq.
"Nursing Home Administrator (NHA)"
means a long
				  term care administrator duly licensed by the Board to serve in this capacity in
				  a nursing facility, nursing home, skilled nursing facility or any similarly
				  worded facility type. Their scope of practice includes ICF/MR, RCF, ALF and
				  Adult Day Care Centers and the term is synonymous with nursing facility
				  administrator.
"Preceptor"
means an individual qualified by
				  training and experience, who is currently licensed as a long term care
				  administrator in Oklahoma, is 'certified' by the Board as a qualified preceptor
				  and is charged with coordinating the training of an AIT intern/trainee who is
				  enrolled in a Board- approved Administrator-in-Training (AIT) internship
				  program.
"Probation"
is a condition(s) imposed for a
				  specified period of time at the initial issuance of a license or contained in
				  an order resulting from a complaint against the administrator.
"Provisional license"
means the temporary
				  authority to serve as a long term care administrator as granted by the Board to
				  an individual of good character who meets appropriate conditions and
				  requirements prescribed by the Board.
"RC/AL Administrator"
means a long term care
				  administrator duly licensed by the Board to serve in this capacity in either an
				  RCF or ALF. The scope of practice of an individual licensed as an RC/AL
				  administrator is limited to either a licensed Residential Care Facility (RCF)
				  or a licensed Assisted Living Facility (ALF).
"Reciprocity"
refers to the acceptance of an
				  actual license wherein a jurisdiction chooses to recognize the education,
				  experience and qualifications that a licensee has obtained from another state.
				  To have an out-of-state long-term care license accepted in Oklahoma, a licensee
				  from another state is required to register with this Board and prove that
				  equivalence. It is similar to licensure by endorsement but different in that
				  with reciprocity, no new license is issued.
"Referral or Report"
means an issue or concern
				  regarding a long term care administrator that has been reduced to writing and
				  is forwarded to the Board for a determination as to whether a violation of the
				  Board's Rules has occurred. Such referral or report may be made by an
				  individual or agency.
"Registrant"
refers to a licensee from another
				  jurisdiction who is registered in Oklahoma. They will have agreed to be held
				  culpable for Oklahoma and federal laws relative to the facility(s) they are the
				  administrator for and Oklahoma administrator rules and statutes, to include
				  annual renewal of the registration. References to licensed administrators would
				  include a reference to a registrant as they are licensed administrators albeit
				  from (an)other jurisdiction(s).
"Residential Care (RC) Administrator"
means a
				  long term care administrator duly licensed by the Board to serve in this
				  capacity in only an RCF. The scope of practice of an individual licensed as a
				  Residential Care Administrator is limited to a licensed Residential Care
				  Facility (RCF).
"Residential Care Home"
or
"Residential
				  Care Facility (RCF)"
shall have the same meaning as such term is defined
				  in the Residential Care Act, Title 63 O.S. Section
				  1-819 et seq.
"Revocation or Revoked License"
is a sanction
				  imposed upon a license/certificate by the Board that results in a complete loss
				  of license/certificate and all privileges attendant thereto and requires holder
				  to surrender his license/certificate, the annual license/certification renewal
				  card and all other license or certificate-related documents to the
				  Board.
"Specialized facility"
shall have the same
				  meaning as such term is defined in the Nursing Home Care Act, Title 63 O.S.
				  Section 1-1901 et seq.
"Suspension or Suspended License"
is a sanction
				  imposed upon a license/certificate by the Board. The licensee retains his
				  license/certificate and his annual renewal card and therefore must renew the
				  license, yet he shall not function in the capacity as a long term care
				  administrator until the Board determines that conditions responsible for the
				  suspension no longer exist, any or all other restoration requirements imposed
				  by the Board have been met, and the Board has restored his
				  status.