reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 17 - Inspection Protocols › Section 310:675-17-3 - Acceptable Plan of Correction

Current through Vol. 41, No. 20, July 1, 2024
(a) All
				facilities having deficiencies must submit an acceptable plan of correction
				within
ten (10) working days after receipt of notice of
				violation
[63:1-1914.A.]. An acceptable plan of correction must:
(1) Address how corrective action will be
				accomplished for those residents and/or clients found to have been affected by
				the deficient practice.
(2) Address
				how the facility will identify other residents and/or clients having the
				potential to be affected by the same deficient practice. Plans of correction
				specific to residents identified on the deficiency statement are acceptable
				only where the deficiency is determined to be unique to that resident and not
				indicative of a possible systemic problem.
(3) Address what measures will be put into
				place or systemic changes made to ensure that the deficient practice will not
				recur.
(4) Indicate how the
				facility plans to monitor its performance to make sure that solutions are
				sustained. The facility shall develop a plan for ensuring that correction is
				achieved and sustained. This plan must be implemented, and the corrective
				action evaluated for its effectiveness. The plan of correction shall be
				incorporated into the quality assurance system. At the revisit, the quality
				assurance plan shall be reviewed to determine the earliest date of compliance.
				If there is no evidence of quality assurance being implemented, the earliest
				correction date will be the date of the revisit.
(5) Include dates when corrective action will
				be completed for each violation. The corrective action completion dates shall
				not
exceed sixty (60) days
[63:1-1914.A.]from receipt of notice
				of violation.
(6) Be signed by the
				administrator.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 19 - Feeding Assistants › Section 310:675-19-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter establishes standards for training and
				  registration of feeding assistants in Oklahoma in accordance with 42 Code of
				  Federal Regulations Parts 483 and 488. The intent is to give nursing,
				  specialized nursing, and skilled nursing facilities the option to use paid
				  feeding assistants, allowing them to provide more residents with help in eating
				  and drinking and reduce the incidence of unplanned weight loss and
				  dehydration.
Added at 23 Ok Reg 557,
				  eff 12-22-05 (emergency); Added at 23 Ok Reg 2415, eff
				  6-25-06
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 19 - Feeding Assistants › Section 310:675-19-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Feeding assistant"
means an individual
				  who is paid to feed residents by a facility or who is used under an arrangement
				  with another agency or organization and meets the requirements cited in 42 CFR
				  Parts 483 and 488
[63:1-1951(F)(1)].
Added at 23 Ok Reg 557,
				  eff 12-22-05 (emergency); Added at 23 Ok Reg 2415, eff
				  6-25-06
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 19 - Feeding Assistants › Section 310:675-19-3 - Training course

Current through Vol. 41, No. 20, July 1, 2024
(a) The following
				training curricula are approved as training courses and meet the requirements
				specified in
				42 CFR
				483.160(a):
(1) Eating Matters: A Training Manual for
				Feeding Assistants, published by the American Dietetic Association, 2003
				edition; and Eating Matters: Feeding Assistants Manual, published by the
				American Dietetic Association, 2003 edition; or
(2) Assisted Dining: The Role and Skills of
				Feeding Assistants, published by the American Health Care Association, 2003
				edition.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 19 - Feeding Assistants › Section 310:675-19-4 - Facility requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) The nursing
				facility, specialized nursing facility, or skilled nursing facility must
				maintain a record of each individual who has successfully completed the
				approved training course. For each individual feeding assistant employed by the
				facility, the facility must maintain:
(1) A
				copy of a staff competency checklist completed and signed by the instructor on
				the form specified in OAC
				310:675-19-8;
(2) A copy of a certificate of completion
				signed by the instructor on the form specified in OAC
				310:675-19-8;
(3) Verification that the facility checked
				with the Feeding Assistant Registry to ensure the individual is eligible for
				employment; and
(4) Verification of
				compliance with the Criminal History Background Check in 63 O.S. Supp. 2004,
				Section 1-1950.1.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 19 - Feeding Assistants › Section 310:675-19-5 - Feeding assistant registry

Current through Vol. 41, No. 20, July 1, 2024
The Department shall maintain a feeding assistant registry
				  consistent with the registry operation described in OAC
				  310:677-5-2(c).
				  The registry shall contain information consistent with that described in 63
				  O.S. Supp. 2004, Section 1-1951(D)(3).
Added at 23 Ok Reg 557,
				  eff 12-22-05 (emergency); Added at 23 Ok Reg 2415, eff
				  6-25-06
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 19 - Feeding Assistants › Section 310:675-19-6 - Feeding assistant registration

Current through Vol. 41, No. 20, July 1, 2024
(a) An
				individual may perform the services of a feeding assistant upon successful
				completion of an approved training course and shall submit a Feeding Assistant
				Registration Application to the Department on the form specified in
				310:675-19-8.
(b) Each registered feeding assistant shall
				renew individual registration once every twenty-four (24) months. The
				individual shall submit a Feeding Assistant Renewal Application with proof that
				within the past twenty-four (24) months they have:
(1) Worked at least eight (8) hours for
				compensation as a feeding assistant; or
(2) Completed another eight (8) hour training
				course that complies with OAC
				310:675-19-3.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 19 - Feeding Assistants › Section 310:675-19-7 - Revocation, suspension and denial

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				State Health Department's procedure afforded a feeding assistant for purposes
				of investigating, hearing, and making findings on allegations of abuse,
				neglect, exploitation, or misappropriation of resident property, shall be not
				less than the process afforded nurse aides pursuant to Title 63 O.S. Supp. 2004
				Section
				1-1951(D)(4)
				through (12).
(b) A feeding assistant's registration may be
				revoked, suspended or denied if the Department determines with clear and
				convincing evidence that an individual has been responsible for any of the
				following:
(1) Abuse;
(2) Neglect;
(3) Exploitation; or
(4) Misappropriation of resident or client
				property.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 19 - Feeding Assistants › Section 310:675-19-8 - Feeding assistant forms

Current through Vol. 41, No. 20, July 1, 2024
The forms used for this subchapter are the following.
(1)
Staff competency checklist.
A training course using the curriculum specified in
				310:675-19-3(a)(1)
				may use the checklist provided with that curriculum or the checklist provided
				by the Department. Other training courses shall use the checklist provided by
				the Department. The competency checklist provided by the Department requires
				the following:
(A) The name of the person
				being trained;
(B) Evaluation of
				skills task performances including:
(i)
				Safety and emergency procedures including the Heimlich maneuver;
(ii) Sanitation and washing hands;
(iii) Serving a meal tray;
(iv) Assistance with resident requiring total
				feeding;
(v) Serving supplemental
				nourishments; and
(vi) Serving
				fresh drinking water;
(C) The date of the evaluation; and
(D) Name and signature of the
				instructor.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 21 - Enforcement and Registry Hearings for Nontechnical Services Workers › Section 310:675-21-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Subchapter is to implement the
				  Nontechnical Services Workers Abuse Registry, 63 O.S. Section
				  1-1950.6
				  through
				  1-1950.9.
				  For the purposes of this subchapter, abuse, verbal abuse, and exploitation,
				  shall have the meaning assigned in Section 10-103 of Title 43A of the Oklahoma
				  Statutes.
Added at 24 Ok Reg 2030,
				  eff 6-25-071; Added at 25 Ok Reg 2482, eff
				  7-11-08
1See Editor's Note at
				  beginning of this Chapter.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 21 - Enforcement and Registry Hearings for Nontechnical Services Workers › Section 310:675-21-2 - Complaint investigation

Current through Vol. 41, No. 20, July 1, 2024
(a) Process.
				Upon receipt of a complaint against a non-technical service worker alleging
				abuse, verbal abuse, or exploitation of a resident within a nursing facility,
				or upon completion of a survey of a nursing facility by the Department with a
				finding that a non-technical service worker abused, verbally abused, or
				exploited a resident, the Department shall conduct an investigation. Upon
				completion of the investigation, a written report will be prepared. If
				sufficient evidence exists to initiate an individual proceeding, notice of the
				investigative findings and an opportunity for hearing will be prepared and
				served upon the nontechnical services worker.
(b) Timeline for reporting. The facility
				shall report to the Department allegations and incidents of abuse, verbal
				abuse, or exploitation by a non-technical service worker within twenty-four
				(24) hours.
(c) Reporting
				non-technical service workers. The facility shall report to the Department
				allegations and incidents of abuse, verbal abuse, or exploitation by a
				non-technical service worker by submitting the following:
(1) facility name, address, and
				telephone;
(2) facility
				type;
(3) date;
(4) reporting party name or administrator
				name;
(5) employee name and
				address;
(6) employee certification
				number;
(7) employee social
				security number;
(8) employee
				telephone number;
(9) termination
				action and date, if any;
(10) other
				contact person name and address; and
(11) facts of resident abuse, verbal abuse,
				or exploitation.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 21 - Enforcement and Registry Hearings for Nontechnical Services Workers › Section 310:675-21-3 - Right to a hearing

Current through Vol. 41, No. 20, July 1, 2024
Before the registry is notified that a finding of resident
				  abuse, verbal abuse, or exploitation of a resident in a nursing facility has
				  been made against a nontechnical services worker, the Department shall offer
				  the nontechnical services worker an opportunity for a hearing. If the
				  nontechnical services worker fails to request a hearing in writing within
				  thirty (30) days from the date of the notice, the Department shall include on
				  the registry a finding of resident abuse, verbal abuse, or exploitation of a
				  resident in a nursing facility against the nontechnical services
				  worker.
Added at 24 Ok Reg 2030,
				  eff 6-25-071; Added at 25 Ok Reg 2482, eff
				  7-11-08
1See Editor's Note at
				  beginning of this Chapter.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 21 - Enforcement and Registry Hearings for Nontechnical Services Workers › Section 310:675-21-4 - Petition and hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Petition.
If the nontechnical services worker requests a hearing,
				the Department shall commence an individual proceeding by filing a petition
				against the nontechnical services worker that states the facts supporting the
				allegation.
(b)
Notice of
				hearing.
All parties shall be given notice of the date, time and place
				of the hearing. The notice of hearing served upon the non-technical service
				worker shall include a copy of the petition.
(c)
Time.
The hearing shall be
				scheduled at least fifteen (15) working days after the nontechnical services
				worker has received notice of the hearing.
(d) The hearing shall be conducted in accord
				with the Oklahoma Administrative Procedures Act and Chapter 2 of this
				Title.
Added at 24 Ok Reg 2030,
				  eff 6-25-071; Added at 25 Ok Reg 2482, eff
				  7-11-08
1See Editor's Note at
				  beginning of this Chapter.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 21 - Enforcement and Registry Hearings for Nontechnical Services Workers › Section 310:675-21-5 - Orders

Current through Vol. 41, No. 20, July 1, 2024
(a)
Authority.
The
				Administrative Law Judge shall issue a decision within fifteen (15) working
				days following the close of the hearing record. The decision shall include
				Findings of Fact and Conclusions of Law separately stated.
(b)
Delegation.
The Commissioner
				of Health may delegate the authority to issue a final decision in these matters
				as specified in 75 O.S. Section
				311.1
				and OAC 310:002.
(c)
Registry
				notification.
The decision shall direct the nontechnical services worker
				registry to include the findings as they relate to the nontechnical services
				worker. The decision shall direct the nontechnical services worker registry to
				include a statement by the nontechnical services worker disputing the decision
				if the nontechnical services worker chooses to submit such statement. If such a
				statement is submitted the statement of the nontechnical services worker shall
				be submitted to the nontechnical services worker registry within thirty (30)
				days after the decision is issued.
(d)
Notice.
Each party and
				attorney of record shall be mailed a copy of the Final Order. The Department
				shall transmit a copy of the Final Order to the nontechnical services worker
				registry when the Order is mailed.
(e)
Appeal.
An appeal of the
				Final Order shall be perfected pursuant to 75 O.S. Section
				318 of
				the Administrative Procedures Act.
Added at 24 Ok Reg 2030,
				  eff 6-25-071; Added at 25 Ok Reg 2482, eff
				  7-11-08
1See Editor's Note at
				  beginning of this Chapter.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Appendix B - Reference List for Standards of Practice

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 3163,
				eff 7-1-92 (emergency) ; Added at 10 Ok Reg 1639, eff 6-1-93; Revoked and
				reenacted at 24 Ok Reg 2030, eff 6-25-071; Revoked
				and reenacted at 25 Ok Reg 2482, eff 7-11-08
1See Editor's Note at
				beginning of this Chapter.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 1 - General Provisions › Section 310:677-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Chapter is to implement the nurse aide
				  registry and certification program for nurse aides who work in nursing
				  facilities, specialized facilities, residential care homes, home health or home
				  care agencies, adult day care centers, and assisted living
				  centers.
Added at 12 Ok Reg 3087,
				  eff 7-27-95; Amended at 19 Ok Reg 2106, eff
				  6-27-02
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 1 - General Provisions › Section 310:677-1-3 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
(a) This Chapter shall apply to specified
				employers, nurse aides, certified medication aides and other unlicensed
				employees providing health related services, and training and competency
				evaluation programs.
(b) An
				employer shall not use an individual as a nurse aide unless the employer has
				consulted the Oklahoma Nurse Aide Registry to determine whether the individual
				is listed on the nurse aide registry and whether the individual has no
				confirmed findings of abuse, neglect or misappropriation of
				patient/resident/client property.
(c) The Department shall grant an exception
				to the nurse aide training requirements in OAC
				310:677-9-4 for home health
				aides, OAC
				310:677-11-4 for long term care
				aides, OAC
				310:677-13-4 for certified
				medication aides, OAC
				310:677-15-3 for ICF/IID care
				aides, OAC
				310:677-17-3 for residential care
				aides and OAC
				310:677-19-3 for adult day care
				aides, and allow an individual to sit for the competency examination if the
				individual submits all information specified on the Training Exception
				Application, which requires the following:
(1) Individual's full name and personal
				identifying information;
(2)
				Telephone number and address to include street, city, state, and zip
				code;
(3) Copy of official
				transcript documenting classroom and clinical training equal to or greater than
				the classroom and clinical training as prescribed in OAC
				310:677-9-4, OAC
				310:677-11-4, OAC
				310:677-13-4, OAC
				310:677-15-3, OAC
				310:677-17-3 and OAC
				310:677-19-3; and
(4) Type of nurse aide training to be
				excepted.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 1 - General Provisions › Section 310:677-1-4 - Reporting allegations of abuse

Current through Vol. 41, No. 20, July 1, 2024
(a) An
				employer shall report to the Department any allegation of client or resident
				abuse, neglect, mistreatment or misappropriation of client's or resident's
				property against the employer's nurse aide.
(b) An employer shall report to the
				Department by telephone within twenty-four (24) hours after receiving an
				allegation and in writing within five (5) working days after receiving an
				allegation.
(c) The written report
				filed by the employer shall include:
(1) The
				allegation;
(2) Name and
				identification number of the nurse aide;
(3) Date of the occurrence;
(4) Results of any internal
				investigation;
(5) Any corrective
				action taken by the employer; and
(6) Name and address of any person who may
				have witnessed the incident.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 1 - General Provisions › Section 310:677-1-5 - Cumulative training calculations [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 18 Ok Reg 2545,
				  eff 6-25-01; Amended at 19 Ok Reg 2106, eff 6-27-02; Amended at 24 Ok Reg 2045,
				  eff 6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 1 - General Provisions › Section 310:677-1-6 - Temporary emergency waiver

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
This section implements temporary emergency waivers
				authorized in 63 O.S. § 1-1950.3(A)(2) for nursing facilities, specialized
				facilities, continuum of care facilities, assisted living centers, adult day
				care centers, and residential care homes.
(b)
Eligibility for waiver.
An
				entity is eligible to receive a waiver if it:
(1) Makes diligent efforts to recruit and
				retain certified nurse aides, to be evidenced by one or more of the following:
(A) Employment advertisements;
(B) Competitive salaries;
(C) Retention incentives; or
(D) Recruitment incentives; and
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 3 - Nurse Aide Training and Competency Examination Program › Section 310:677-3-1

Current through Vol. 41, No. 20, July 1, 2024
Added at 12 Ok Reg 3087,
				  eff 7-27-95; Amended at 19 Ok Reg 2106, eff
				  6-27-02
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 3 - Nurse Aide Training and Competency Examination Program › Section 310:677-3-2 - Approved programs

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department
				shall approve a nurse aide training and/or competency examination program that
				meets the criteria for a State approved program.
(b) An entity seeking approval shall file the
				appropriate application form and a non-refundable application fee of one
				hundred dollars ($100.00). There is no application fee for long-term care aide
				training or competency evaluationprograms.
(c) The Department's approval of a program
				shall not be transferable or assignable.
Added at 12 Ok Reg 3087,
				  eff 7-27-95; Amended at 19 Ok Reg 2106, eff 6-27-02; Amended at 21 Ok Reg 2807,
				  eff 7-12-04; Amended at 24 Ok Reg 2045, eff 6-25-07; Amended at 26 Ok Reg 2068,
				  eff 6-25-09
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 3 - Nurse Aide Training and Competency Examination Program › Section 310:677-3-3 - Application

Current through Vol. 41, No. 20, July 1, 2024
(a) An entity shall file an application
				provided by the Department.
(b) An
				entity may not operate a nurse aide training and competency examination program
				prior to the approval of the Department.
(c) The application will include:
(1) Name and address for the entity
				sponsoring the program and for the contact person for the program;
(2) The location of the administrative office
				of the program and the location where records are maintained;
(3) A program plan that follows the
				curriculum established by the Department including, but not limited to:
(A) Program objectives;
(B) A breakdown of the curriculum into clock
				hours of classroom/lecture, laboratory and supervised clinical
				instruction;
(4) A
				Skills Performance Checklist, documenting the date the nurse aide trainee
				successfully demonstrated all those basic nursing skills and personal care
				skills that are generally performed by nurse aides and the signature of the
				instructor that observed the successful demonstration of the skills. The skills
				must include the basic nursing skills and personal care skills listed in 42
				Code of Federal Regulations (CFR) 483.152 (b)(2) and (3);
(5) A Training Verification Form;
(6) A description of the program's standards
				for classroom and skills training facilities including, but not limited to:
(A) Heat and cooling systems;
(B) Clean and safe conditions;
(C) Adequate space to accommodate all
				trainees
(D) Adequate
				lighting;
(E) Proper equipment and
				furnishings;
(F) The specific
				location of the classroom and lab if known at the time of the application;
				and
(7) Position
				descriptions and education and experience requirements for training supervisors
				and instructors, and the program's procedure for ensuring that supervisors and
				instructors satisfy such descriptions and requirements
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 3 - Nurse Aide Training and Competency Examination Program › Section 310:677-3-4 - Program requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) Before the
				Department approves a nurse aide training and competency examination program or
				a competency examination program, the Department shall determine whether the
				nurse aide training and competency examination program or the competency
				examination program meets the minimum requirements.
(b) The Department shall not approve an
				employer based program when the employer has been assessed the following
				penalties or actions by the Department:
(1)
				License suspended or revoked or had a conditional license issued.
(2) An administrative money penalty of five
				thousand dollars ($5,000) or more for deficiencies cited under state
				licensure.
(3) Enforcement actions
				based on the Department's authority under Medicare and Medicaid certification
				programs, except for facilities certified as Intermediate Care Facilities for
				individuals with intellectual disabilities.
(4) For Intermediate Care Facilities for
				Individuals with Intellectual Disabilities, repeated enforcement actions based
				on the Department's authority.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 3 - Nurse Aide Training and Competency Examination Program › Section 310:677-3-5 - Training program review and approval

Current through Vol. 41, No. 20, July 1, 2024
(a) Within 30 days after receipt of an
				application for a program that is not currently approved, the Department shall
				determine if the application is complete and consistent. If the application is
				incomplete or inconsistent, the Department shall advise the applicant in
				writing and offer an opportunity to submit additional information. Within 30
				days after completeness, the Department shall approve or disapprove the
				application. If the action is to disapprove, the Department shall advise the
				applicant in writing of the specific reasons for the disapproval, and shall
				offer the applicant an opportunity to demonstrate compliance.
(b) Each program is subject to site visits by
				the Department. Approved programs shall be evaluated by the Department every
				two years.
(c) An approved program
				shall complete an application notifying the Department prior to making any
				changes that would affect the program's requirements and/or the Department's
				approval of the program.
Added at 12 Ok Reg 3087,
				  eff 7-27-95; Amended at 19 Ok Reg 2106, eff 6-27-02; Amended at 24 Ok Reg 2045,
				  eff 6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 3 - Nurse Aide Training and Competency Examination Program › Section 310:677-3-6 - Closing an approved nurse aide training and competency examination program

Current through Vol. 41, No. 20, July 1, 2024
When an entity decides to close a nurse aide training and
				  competency examination program, it shall:
(1) Immediately notify the Department, in
				writing, of its plan to close, date of intended closing, the location where its
				records will be stored, and the plan for its currently enrolled trainees;
				and
(2) Continue the program until
				the classes for currently enrolled trainees are completed.
Added at 12 Ok Reg 3087,
				  eff 7-27-95; Amended at 19 Ok Reg 2106, eff
				  6-27-02
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 3 - Nurse Aide Training and Competency Examination Program › Section 310:677-3-7 - Criminal history background checks

Current through Vol. 41, No. 20, July 1, 2024
(a)
				An employer based program shall complete the State required criminal history
				background check. The record of the finding shall be maintained by the
				employer. These records shall be destroyed after one (1) year from the end of
				employment of the person to whom such records relate. [63 O.S.§
				1-1950.1(E) ]
(b) A non-employer
				based program shall notify trainees that if a criminal history background check
				reveals a cause which bars employment in a health care entity, then the trainee
				shall be withdrawn from the training program.
(c) If a non-employer based training program
				does not require an OSBI criminal history background check as part of the
				admission requirements to the training program, the training program shall
				provide the trainee with written notification of 63 O.S. §1-1950.1 as part
				of the training program application.
Added at 12 Ok Reg 3087,
				  eff 7-27-95; Amended at 19 Ok Reg 2106, eff
				  6-27-02
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 3 - Nurse Aide Training and Competency Examination Program › Section 310:677-3-8 - Records and examination

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				program shall use a performance record/Skills Performance Checklist which shall
				include:
(1) A record of when the trainee
				performs the duties and skills and the determination of satisfactory or
				unsatisfactory performance.
(2) The
				name of the instructor supervising the performance.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 3 - Nurse Aide Training and Competency Examination Program › Section 310:677-3-9 - Requirements for administration of the competency examination

Current through Vol. 41, No. 20, July 1, 2024
(a) The competency examination shall be
				administered and evaluated only by a Department approved entity which shall be
				periodically monitored by the Department.
(b) Each approved examination entity must
				provide the Department with the following:
(1) Written job analysis studies to determine
				the pool of test questions.
(2)
				Test question validation studies.
(3) Capabilities of providing competency
				results in the proper format for compatibility with the Department's nurse aide
				registry within thirty (30) days of scoring.
(4) Assurances that the written and skills
				testing process are not compromised.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 3 - Nurse Aide Training and Competency Examination Program › Section 310:677-3-10 - Content of the competency examination

Current through Vol. 41, No. 20, July 1, 2024
(a) The written or oral examination portion
				of the competency examination, in English, shall:
(1) Allow a nurse aide to choose between a
				written and an oral examination.
(2) Address each requirement specified in the
				minimum curriculum prescribed by the Department.
(3) Be developed from a pool of test
				questions, only a portion of which is used in any one (1)
				examination.
(4) Use a system that
				prevents disclosure of both the pool of test questions and the individual
				competency examination results.
(5)
				If oral, the examination portion shall be read from a prepared text in a
				neutral manner.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 3 - Nurse Aide Training and Competency Examination Program › Section 310:677-3-11 - Successful completion of the competency examination

Current through Vol. 41, No. 20, July 1, 2024
(a) An individual shall pass both the written
				or oral examination and the skills examination to complete the competency
				examination successfully.
(b) An
				individual shall score at least seventy (70) percent on the written or oral
				examination.
(c) An individual
				shall demonstrate at least eighty (80) percent accuracy for the skills
				examination.
(d) The Department
				shall include in the nurse aide registry a record of successful completion of
				the competency examination within thirty (30) days of the date the individual
				is found to be competent.
Added at 12 Ok Reg 3087,
				  eff 7-27-95; Amended at 19 Ok Reg 2106, eff
				  6-27-02
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 3 - Nurse Aide Training and Competency Examination Program › Section 310:677-3-12 - Failure to complete the competency examination

Current through Vol. 41, No. 20, July 1, 2024
If an individual does not complete the competency
				  examination successfully, the individual shall be notified by the testing
				  entity of, at least, the following:
(1) The areas which the individual did not
				pass.
(2) That the individual may
				retake the examination a total of two times without further training.
Added at 12 Ok Reg 3087,
				  eff 7-27-95; Amended at 19 Ok Reg 2106, eff
				  6-27-02
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 3 - Nurse Aide Training and Competency Examination Program › Section 310:677-3-13 - Training program to inform trainee of renewal requirements

Current through Vol. 41, No. 20, July 1, 2024
Training programs shall inform the long term care aide, home
				  health aide, ICF/IID care aide, residential care aide, and adult day care aide
				  that they shall complete a new nurse aide training and competency examination
				  or competency examination if, upon applying for renewal of certification, the
				  nurse aide has not provided at least eight (8) hours of nursing or health
				  related services for compensation during the previous twenty four (24)
				  months.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 5 - Nurse Aide Registry › Section 310:677-5-1

Current through Vol. 41, No. 20, July 1, 2024
Added at 12 Ok Reg 3087,
				  eff 7-27-95; Amended at 18 Ok Reg 2545, eff 6-25-01; Amended at 19 Ok Reg 2106,
				  eff 6-27-02
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 5 - Nurse Aide Registry › Section 310:677-5-2 - Registry operation

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department
				shall maintain overall operation of the registry.
(b) A home health aide, long term care aide,
				ICF/IID care aide, residential care aide, and adult day care aide shall renew
				individual certification once every two (2) years. The individual certified as
				a home health aide, ICF/IID care aide, residential care aide, or adult day care
				aide shall file a Renewal Application. The individual certified as a long term
				care aide shall file a Renewal Application for Long Term Care Aide. Each
				renewal application requires:
(1) Personal
				identifying and contact information for the applicant;
(2) An oath of truthfulness and completeness
				to be signed by the applicant, affirming that the applicant completed at least
				eight (8) hours of nursing or health related services for compensation during
				the preceding 24 months.
(3) Upon
				request of the Department, the applicant shall produce documentation of at
				least eight (8) hours of nursing or health related services performed for
				compensation during the preceding 24 months.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 5 - Nurse Aide Registry › Section 310:677-5-3 - Registry content [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 12 Ok Reg 3087,
				  eff 7-27-95; Revoked at 19 Ok Reg 2106, eff
				  6-27-02
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 5 - Nurse Aide Registry › Section 310:677-5-4 - Automatic removal from registry

Current through Vol. 41, No. 20, July 1, 2024
(a) If
				any nurse aide requests renewal of certification and there has been a
				continuous period of twenty-four (24) consecutive months during none of which
				the individual provided nursing or health related services for monetary
				compensation, the individual shall complete a new training and competency
				evaluation or a new competency evaluation program, whichever option they
				choose, to become recertified.
(b)
				The Department shall review when requested and may grant an exception in
				removing any nurse aide from the nurse aide registry pursuant to OAC
				310:677-5-4(a)
				if the nurse aide has completed a practical or registered nursing education
				program after certification and files with the Department a waiver application
				form, which requires at minimum:
(1)
				Individual's full name;
(2)
				Telephone number and address to include street, city, state, and zip
				code;
(3) Photocopy of Social
				Security card;
(4) Photocopy of a
				diploma from an approved practical or registered nurse program; and
(5) Type of nurse aide certification
				requesting to be waived.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 5 - Nurse Aide Registry › Section 310:677-5-5 - Denial, suspension, withdrawal, and nonrenewal of certification

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department may deny, suspend,
				withdraw or not renew certification of a nurse aide based on the aide's
				noncompliance with 63 O.S. §§ 1-1950.3, 1-1950.4a, 1-1950.5, 1-1951,
				or this Chapter.
(b) Grounds for
				certification action against a certified nurse aide may include:
(1) Intentionally providing false or
				misleading information to a training program, a facility, or the
				Department;
(2) Failing to provide
				care as ordered by a health care professional or required in the plan of care,
				with resulting actual harm that is either life threatening or has a negative
				outcome for the resident;
(3)
				Altering or falsifying medical records;
(4) Removing medical records or other
				documentation pertaining to resident care from the employment setting without
				authorization;
(5) Altering or
				falsifying certified nurse aide identification cards;
(6) Representing oneself as a certified nurse
				aide without supervision by a licensed health Professional and providing
				services that are not included in a Department approved nurse aide training and
				competency evaluation program.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 7 - Hearings › Section 310:677-7-1 - Right to a hearing

Current through Vol. 41, No. 20, July 1, 2024
(a) Before the
				registry is notified that a finding of client or resident abuse, neglect,
				mistreatment or misappropriation of a client's or resident's property has been
				made against a certified nurse aide or nurse aide trainee, the Department shall
				offer the certified nurse aide or nurse aide trainee an opportunity for a
				hearing. If the certified nurse aide or nurse aide trainee fails to request a
				hearing in writing within thirty (30) days from the date of the notice, the
				Department shall include on the registry a finding of client or resident abuse,
				neglect, mistreatment or misappropriation of a client's or resident's property
				against the certified nurse aide or nurse aide trainee.
(b) If the certified nurse aide or nurse aide
				trainee requests a hearing before the Department completes its investigation, a
				hearing will not be scheduled until the Department completes its
				investigation.
Added at 12 Ok Reg 3087,
				  eff 7-27-95; Amended at 13 Ok Reg 1307, eff 3-28-96 (emergency); Amended at 13
				  Ok Reg 2515, eff 6-27-96; Amended at 18 Ok Reg 2545, eff
				  6-25-01
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 7 - Hearings › Section 310:677-7-2

Current through Vol. 41, No. 20, July 1, 2024
Added at 12 Ok Reg 3087,
				  eff 7-27-95; Amended at 18 Ok Reg 2545, eff
				  6-25-01
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 7 - Hearings › Section 310:677-7-3 - Petition and hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Petition.
After the certified nurse aide or nurse aide trainee
				requests a hearing, the Department shall file a petition which states the facts
				supporting the allegation.
(b)
Notice of hearing.
All parties shall be given notice of the date,
				time and place of the hearing. The notice of hearing shall include a copy of
				the petition.
(c)
Time.
The hearing shall be scheduled at least fifteen (15) working
				days after the certified nurse aide or nurse aide trainee has received notice
				of the hearing.
(d)
Conducting the hearing.
The hearing shall be conducted in
				accordance with this Subchapter and Chapter 2 of this Title.
Added at 12 Ok Reg 3087,
				  eff 7-27-95; Amended at 13 Ok Reg 1307, eff 3-28-96 (emergency); Amended at 13
				  Ok Reg 2515, eff 6-27-96; Amended at 18 Ok Reg 2545, eff
				  6-25-01
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 7 - Hearings › Section 310:677-7-4 - Orders

Current through Vol. 41, No. 20, July 1, 2024
(a)
Authority.
The
				Administrative Law Judge shall issue a decision within fifteen (15) working
				days following the close of the hearing record. The decision shall include
				Findings of Fact and Conclusions of Law separately stated.
(b)
Delegation.
The Commissioner
				of Health may delegate the authority to issue a final decision in these matters
				as specified in OAC
				310:002-3-6.
(c)
Registry notification.
The
				decision shall direct the nurse aide registry to place the findings against the
				certified nurse aide or nurse aide trainee onto the registry. The decision
				shall direct the nurse aide registry to accept and add to the registry any
				statement submitted by the certified nurse aide or nurse aide trainee disputing
				the final decision. The statement of the certified nurse aide or nurse aide
				trainee shall be submitted to the nurse aide registry within thirty (30) days
				after the decision is issued.
(d)
Notice.
Each party and attorney of record shall be mailed a copy
				of the Final Order. The Department shall transmit a copy of the Final Order to
				the nurse aide registry when the Order is mailed.
(e)
Appeal.
An appeal of the
				Final Order shall be perfected under the Administrative Procedures
				Act.
Added at 12 Ok Reg 3087,
				  eff 7-27-95; Amended at 18 Ok Reg 2545, eff
				  6-25-01
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 7 - Hearings › Section 310:677-7-5 - Petition for removal of finding of neglect

Current through Vol. 41, No. 20, July 1, 2024
(a)
Petition.
If more than one
				(1) year has expired since the day the finding of neglect notation was placed
				upon the file of the certified nurse aide or nurse aide trainee, the certified
				nurse aide or nurse aide trainee may request a hearing and an individual
				proceeding shall be commenced upon the filing of a petition or request by the
				certified nurse aide or nurse aide trainee which states:
(1) the employment and personal history of
				the nurse aide does not reflect a pattern of abusive behavior or neglect;
				and
(2) the neglect involved in the
				original finding was a singular occurrence.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 9 - Home Health Aides › Section 310:677-9-1 - General requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) The home
				care agency shall:
(1) Complete an annual
				performance review of each home care aide and provide at least twelve (12)
				hours of in-service training each calendar year.
(2) Have in-service education generally
				supervised by a registered nurse who has at least two (2) years nursing
				experience with at least one (1) year of which shall be in the provision of
				home care.
(3) Ensure that all
				certifications are current and not expired.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 9 - Home Health Aides › Section 310:677-9-2 - Deemed to meet state certification requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department shall deem a certified
				home care aide to meet the nurse aide certification requirements for the
				following employers after successful completion of at least sixteen (16) hours
				of documented orientation specific to the employer's population. The employers
				to which this requirement applies are the following:
(1) Residential care.
(2) Adult day care.
(3) Specialized facility.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 9 - Home Health Aides › Section 310:677-9-3 - Instructor qualifications

Current through Vol. 41, No. 20, July 1, 2024
The training of home health aides and the supervision of home
				  health aides during the supervised practical portion of the training shall be
				  performed by, or under the general supervision of, a registered nurse who
				  possesses at least two (2) years nursing experience with at least one (1) year
				  experience providing the following:
(1) Home care; or
(2) Instruction in a home health nurse aide
				training program under the supervision of a qualified registered
				nurse.
Added at 12 Ok Reg 3087,
				  eff 7-27-95; Amended at 24 Ok Reg 2045, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 9 - Home Health Aides › Section 310:677-9-4 - Curriculum

Current through Vol. 41, No. 20, July 1, 2024
(a) The home care aide training program
				curriculum must include:
(1) At least
				seventy-five (75) hours of training or the equivalent.
(2) At least sixteen (16) hours of classroom
				training before beginning any supervised practical training.
(3) At least sixteen (16) hours of supervised
				practical training.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 677 - Nurse Aide Training and Certification › Subchapter 9 - Home Health Aides › Section 310:677-9-5 - Competency examination

Current through Vol. 41, No. 20, July 1, 2024
(a) The written
				or oral examination and skills examination shall be administered by a
				registered nurse.
(b) The skills
				examination portion shall include at least the following:
(1) Taking and recording temperature, pulse,
				and respiration.
(2) Appropriate
				and safe techniques in personal hygiene and grooming.
(3) Safe transfer techniques and
				ambulation.
(4) Normal range of
				motion and positioning.