reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 31 - Human Subjects Protection › Section 310:2-31-23 - The inquiry report

Current through Vol. 41, No. 20, July 1, 2024
(a)
Elements
				of the inquiry report.
A written inquiry report will be provided to ORI
				in accordance with the requirements in 42 CFR Part 93.309 .
(b)
Comments on the draft report by the
				respondent and the whistleblower.
After first redacting the identity of
				the whistleblower, the RIO will provide the respondent with a copy of the
				redacted draft inquiry report for comment and rebuttal, and will provide the
				whistleblower, if he or she is identifiable, with portions of the draft inquiry
				report that address the whistleblower's role and opinions in the
				investigation.
(c)
Receipt of
				comments.
Within fourteen (14), calendar days of their receipt of the
				draft report, the whistleblower and respondent will provide their comments, if
				any, to the inquiry committee. Any comments that the whistleblower or
				respondent submits on the draft report will become part of the final inquiry
				report and record. Based on the comments, the inquiry committee may revise the
				report as appropriate.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 31 - Human Subjects Protection › Section 310:2-31-24 - Inquiry decision, notification, and confidentiality

Current through Vol. 41, No. 20, July 1, 2024
(a)
Decision by DO.
The inquiry
				is completed when the DO makes a determination as to whether or not an
				investigation is justified. This determination will be made within sixty (60)
				days of the first meeting of the inquiry committee. Any extension of this
				period will be based on good cause and recorded in the inquiry file.
(b)
Notification.
The RIO will
				notify both the respondent and the whistleblower in writing of the DO's
				decision of whether to proceed to an investigation. The RIO will also notify
				all appropriate institutional officials of the DO's decision.
(c)
Confidentiality.
A decision
				recommending further investigation pursuant to subsection (a) above shall be
				deemed to be confidential pursuant to 51 O.S. § 24A.12 and shall not be
				publicly disseminated beyond the persons identified in subsection (b)
				above.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 31 - Human Subjects Protection › Section 310:2-31-25 - Time limit for completing the inquiry report

Current through Vol. 41, No. 20, July 1, 2024
The inquiry committee will normally complete the inquiry and
				  submit its report in writing to the RIO no more than 60 calendar days following
				  its first meeting, unless the RIO approves an extension for good cause. If the
				  RIO approves an extension, the reason for the extension will be entered into
				  the records of the case and the report. The respondent also will be notified of
				  the extension.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 31 - Human Subjects Protection › Section 310:2-31-27 - The investigation report

Current through Vol. 41, No. 20, July 1, 2024
(a)
Elements of the investigation report.
The final report will be in
				accordance with the requirements in
				42 C.F.R. Section
				93.313 (Institutional investigation
				report).
(b)
Comments on the
				draft report.
(1)
Respondent.
After first redacting the identity of the
				whistleblower, the RIO will provide the respondent with a copy of the redacted
				draft investigation report for comment and rebuttal. The respondent will be
				allowed five (5) days to review and comment on the draft report. The
				respondent's comments will be attached to the final report. The findings of the
				final report should take into account the respondent's comments in addition to
				all the other evidence.
(2)
Whistleblower.
The RIO will provide the whistleblower, if he or
				she is identifiable, with those portions of the draft investigation report that
				address the whistleblower's role and opinions in the investigation. The report
				should be modified, as appropriate, based on the whistleblower's
				comments.
(3)
Institutional
				counsel.
The draft investigation report will be transmitted to the
				institutional counsel for a review of its legal sufficiency.
(4)
Confidentiality.
In
				distributing the draft report, or portions thereof, to the respondent and
				whistleblower, the RIO will inform the recipient of the confidentiality under
				which the draft report is made available and may establish reasonable
				conditions to ensure such confidentiality. The identity of the whistleblower
				will be subject to public disclosure only as the RIO may determine is
				reasonable and appropriate by balancing the needs of the whistleblower to
				remain confidential with the needs of the IRB to comply with federal
				regulations enacted to protect the rights and welfare of human research
				participants.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 31 - Human Subjects Protection › Section 310:2-31-28 - Requirements for reporting to ORI

Current through Vol. 41, No. 20, July 1, 2024
(a) An
				institution's decision to initiate an investigation must be reported in writing
				to ORI, on or before the date the investigation begins. At a minimum, the
				notification should include the name of the person(s) against whom the
				allegations have been made, the general nature of the allegation as it relates
				to the PHS definition of scientific misconduct, and the PHS applications or
				grant number(s) involved. ORI must also be notified of the final outcome of the
				investigation and must be provided with a copy of the investigation report. Any
				significant variations from the provisions of the institutional policies and
				procedures should be explained in any reports submitted to ORI.
(b) If an institution plans to terminate an
				inquiry or investigation for any reason without completing all relevant
				requirements of the PHS regulation, the RIO will submit a report of the planned
				termination to ORI, including a description of the reasons for the proposed
				termination.
(c) If the institution
				determines that it will not be able to complete the investigation in 120 days,
				the RIO will submit to ORI a written request for an extension that explains the
				delay, reports on the progress to date, estimates the date of completion of the
				report, and describes other necessary steps to be taken. If the request is
				granted, the RIO will file periodic progress reports as requested by the
				ORI.
(d) When PHS funding or
				applications for funding are involved and an admission of scientific misconduct
				is made, the RIO will contact ORI for consultation and advice. Normally, the
				individual making the admission will be asked to sign a statement attesting to
				the occurrence and extent of misconduct. When the case involves PHS funds, the
				institution cannot accept an admission of scientific misconduct as a basis for
				closing a case or not undertaking an investigation without prior approval from
				ORI.
(e) The RIO will notify ORI at
				any stage of the inquiry or investigation if:
(1) there is an immediate health hazard
				involved;
(2) there is an immediate
				need to protect Federal funds or equipment;
(3) there is an immediate need to protect the
				interests of the person(s) making the allegations or of the individual(s) who
				is the subject of the allegations as well as his/her co-investigators and
				associates, if any;
(4) it is
				probable that the alleged incident is going to be reported publicly; or
(5) the allegation involves a
				public health sensitive issue; or
(6) there is a reasonable indication of
				possible criminal violation. In this instance, the institution must inform ORI
				within 24 hours of obtaining that information.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 31 - Human Subjects Protection › Section 310:2-31-29 - Institutional administrative actions

Current through Vol. 41, No. 20, July 1, 2024
(a)
				OSDH will take appropriate administrative actions against individuals when an
				allegation of misconduct has been substantiated. If the DO determines that the
				alleged misconduct is substantiated by the findings, they will decide on the
				appropriate actions to be taken, after consultation with the RIO. The actions
				may include:
(1) withdrawal or correction of
				all pending or published abstracts and papers emanating from the research where
				scientific misconduct was found.
(2) removal of the responsible person from
				the particular project, letter of reprimand, special monitoring of future work,
				probation, suspension, salary reduction, or initiation of steps leading to
				possible rank reduction or termination of employment;
(3) restitution of funds as
				appropriate.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 31 - Human Subjects Protection › Section 310:2-31-30 - Record retention

Current through Vol. 41, No. 20, July 1, 2024
After completion of a case and all ensuing related actions,
				  the RIO will prepare a complete file, including the records of any inquiry or
				  investigation and copies of all documents and other materials furnished to the
				  RIO or committees. The RIO will maintain and dispose of the records of any
				  inquiry or investigation in compliance with the approved records retention
				  schedule for the office of the Commissioner. The ORI or other authorized DHHS
				  personnel will be given access to the records upon request. These records are
				  subject to public review or copying unless otherwise exempt from disclosure
				  pursuant to the Oklahoma Open Records Act.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 35 - Tanning Facilities Requirements › Section 310:2-35-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Chapter applies to tanning facilities and their owners
				  or operators. The rules are to implement the provisions of 63 O.S. Section
				  7302.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 35 - Tanning Facilities Requirements › Section 310:2-35-2 - Sign contents for entrances to tanning rooms or tanning establishments

Current through Vol. 41, No. 20, July 1, 2024
(a)
Posting signage.
At least
				one (1) sign shall be posted in a place readily visible to persons entering a
				facility where a tanning device is operated. The sign shall be black text on
				white or other highly visible contrasting colors and include the language
				provide in 63 O.S. § 7302(C) in letters at least 1/2 inch high . The sign
				shall have dimensions not less than 8 ½ inches by 11 inches.
(b)
Signs shall have the following
				statements:
(1) It is unlawful for a
				tanning facility or operator to allow a person under eighteen (18) years of age
				to use any tanning device;
(2) A
				tanning facility or operator that violates the provision shall be subject to a
				civil penalty;
(3) An individual
				may report a violation of one or more provisions to the local law enforcement
				agency; and
(4) The health risks
				associated with tanning include, but are not limited to, skin cancer, premature
				aging of skin, burns to the skin, and adverse reactions to certain medications
				foods, and cosmetics.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 35 - Tanning Facilities Requirements › Section 310:2-35-3 - Unlawful act

Current through Vol. 41, No. 20, July 1, 2024
It shall be unlawful for any person under eighteen (18) years
				  of age to use any tanning device of any tanning facility in this state.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 35 - Tanning Facilities Requirements › Section 310:2-35-4 - Signage

Current through Vol. 41, No. 20, July 1, 2024
For any tanning facility, the owner, operator or lessee shall
				  see that signage is posted as required in this Subchapter.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 37 - Initial Determination on Criminal History as a Disqualification for License or Certification › Section 310:2-37-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
These rules implement Section
				  4000.1 of Title 59 (2019) of the
				  Oklahoma Statutes relating to processes to request an initial determination of
				  whether an applicant's criminal history record would potentially disqualify him
				  or her from obtaining an occupational license or certification. This process
				  shall apply to all occupational licenses, permits or certifications issued by
				  the Oklahoma State Department of Health.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 37 - Initial Determination on Criminal History as a Disqualification for License or Certification › Section 310:2-37-2 - Requesting a determination

Current through Vol. 41, No. 20, July 1, 2024
The process for requesting a determination of whether an
				  applicant's criminal history record would potentially disqualify him or her
				  from obtaining an occupational license, permit or certification is defined in
				  the Oklahoma Statutes at Title 59, Section
				  4000.1.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 37 - Initial Determination on Criminal History as a Disqualification for License or Certification › Section 310:2-37-3 - Fee

Current through Vol. 41, No. 20, July 1, 2024
The fee for requesting a determination of whether an
				  applicant's criminal history record would potentially disqualify him or her
				  from obtaining an occupational license, permit or certification is forty-five
				  dollars ($45.00) for each initial determination.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 39 - Military Reciprocity Licensure › Section 310:2-39-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
These rules implement Section
				  4100.8 of Title 59 (2019) of the
				  Oklahoma Statutes relating to processes to request
an expedited
				  temporary, reciprocal or comity license or certification for their currently
				  held valid license or certification
. This process shall apply to all
				  occupational licenses, permits or certifications issued by the Oklahoma State
				  Department of Health.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 39 - Military Reciprocity Licensure › Section 310:2-39-2 - Requesting a temporary, reciprocal or comity license

Current through Vol. 41, No. 20, July 1, 2024
Active duty military personnel and their spouses seeking a
				  temporary, reciprocal or comity license shall complete an application as
				  established by the occupational program and shall provide satisfactory evidence
				  of equivalent education, training and experience from another state program.
				  The Department shall evaluate an applicant's
education, training and
				  experience in the manner most favorable toward satisfying the qualifications
				  for issuance of the requested license or certification in this state
[59 O.S. 4100.8(B)].
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 39 - Military Reciprocity Licensure › Section 310:2-39-3 - Fee

Current through Vol. 41, No. 20, July 1, 2024
Pursuant to Title 59 O.S. 4100.8(D), there will be no
				  application fee for a temporary, reciprocal or comity license for active duty
				  military personnel and the license or certification fee for the first period of
				  issuance is waived.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 39 - Military Reciprocity Licensure › Section 310:2-39-4 - Appeals

Current through Vol. 41, No. 20, July 1, 2024
Pursuant to Title 59 O.S. 4100.8(C), any active duty military
				  applicant, and their spouses, receiving a notice of denial of full licensure or
				  certification shall have the right
to obtain and submit the
				  documentation required to complete full license or certificate requirements in
				  this state
or to appeal the denial determination pursuant to the
				  Administrative Procedures Act [75 O.S. 250 et seq.] and OAC 310:2-21, relating
				  to Department procedure governing individual proceedings.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 3 - Procedures of Air Quality Council [Revoked] › Subchapter 1 - Rules of Procedure and Practice of Air Quality Council [Revoked] › Section 310:3-1-1 - Purpose [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
				  2281, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 3 - Procedures of Air Quality Council [Revoked] › Subchapter 1 - Rules of Procedure and Practice of Air Quality Council [Revoked] › Section 310:3-1-2 - Statutory definitions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
				  2281, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 3 - Procedures of Air Quality Council [Revoked] › Subchapter 1 - Rules of Procedure and Practice of Air Quality Council [Revoked] › Section 310:3-1-3 - Description of organization [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
				  2281, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 3 - Procedures of Air Quality Council [Revoked] › Subchapter 1 - Rules of Procedure and Practice of Air Quality Council [Revoked] › Section 310:3-1-4 - General course in method of operations [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
				  2281, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 3 - Procedures of Air Quality Council [Revoked] › Subchapter 1 - Rules of Procedure and Practice of Air Quality Council [Revoked] › Section 310:3-1-5 - Procedure and practice in individual proceedings [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
				  2281, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 3 - Procedures of Air Quality Council [Revoked] › Subchapter 1 - Rules of Procedure and Practice of Air Quality Council [Revoked] › Section 310:3-1-6 - Procedure and practice at rule-making hearings [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
				  2281, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 3 - Procedures of Air Quality Council [Revoked] › Subchapter 1 - Rules of Procedure and Practice of Air Quality Council [Revoked] › Section 310:3-1-7 - Interpretation of rules [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
				  2281, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 3 - Procedures of Air Quality Council [Revoked] › Subchapter 3 - Hearing Ground Rules for Individual Proceedings Before Air Quality Council [Revoked] › Section 310:3-3-1 - Purpose [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
				  2281, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 3 - Procedures of Air Quality Council [Revoked] › Subchapter 3 - Hearing Ground Rules for Individual Proceedings Before Air Quality Council [Revoked] › Section 310:3-3-2 - Statutory definitions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
				  2281, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 3 - Procedures of Air Quality Council [Revoked] › Subchapter 3 - Hearing Ground Rules for Individual Proceedings Before Air Quality Council [Revoked] › Section 310:3-3-3 - Hearings for individual proceedings before Air Quality Council [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
				  2281, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 4 - Certificate of Need Regulations › Subchapter 1 - General › Section 310:4-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Chapter is to implement the following
				  laws:
(1) Title 63 O.S. Sections
				1-850 et
				seq., (Long-term Care Certificate of Need Act);
(2) Title 63 O.S. Sections
				1-880.1 et
				seq., (Psychiatric and Chemical Dependency Facility Certificate of Need Act);
				and
(3) Title 75 O.S. Sections
				250.1
				through
				323,
				(Administrative Procedures Act).
Amended at 12 Ok Reg
				  3025, eff 7-27-95; Amended at 14 Ok Reg 2247, eff 6-12-97; Amended at 18 Ok Reg
				  2468, eff 6-25-01
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 4 - Certificate of Need Regulations › Subchapter 1 - General › Section 310:4-1-2 - Applicability and burden of proof

Current through Vol. 41, No. 20, July 1, 2024
(a) This
				Chapter applies to the following types of Certificate of Need applications that
				are reviewed by the State Commissioner of Health (Commissioner) or the State
				Department of Health (Department):
(1)
				long-term care facilities as defined in 63 O.S. Section 1-851.1;
(2) psychiatric or chemical dependency
				facilities, services or units developed or offered in hospitals or related
				institutions as defined in 63 O.S. Sections 1-701 et seq.;
(3) Intermediate Care Facility/Individuals
				with Intellectual Disabilities (ICF/IID) beds and that is in a facility that
				has more than 16s and subject to 63 O.S. Sections 1-850 et seq.; and
(4) Licensed nursing facility (LNF) beds as
				defined in 63 O.S. Sections 1-1901 et seq. (Nursing Home Care Act), excluding
				any facility certified for service to individuals with intellectual
				disabilities.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 4 - Certificate of Need Regulations › Subchapter 1 - General › Section 310:4-1-3 - Types of reviews [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 9 Ok Reg
				  1973, eff 6-11-92; Revoked at 14 Ok Reg 2247, eff
				  6-12-97
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 4 - Certificate of Need Regulations › Subchapter 1 - General › Section 310:4-1-4 - Short review process [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
				  3437, eff 7-1-93 (emergency); Amended at 11 Ok Reg 2609, eff 6-25-94; Amended
				  at 12 Ok Reg 3025, eff 7-27-95; Revoked at 14 Ok Reg 2247, eff
				  6-12-97
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 4 - Certificate of Need Regulations › Subchapter 1 - General › Section 310:4-1-5 - Review process

Current through Vol. 41, No. 20, July 1, 2024
This Section governs the review of Certificate of Need
				  applications.
(1)
Capital
				Cost.
For purposes of determining filing fees, capital cost means one or
				more of the following:
(A) For construction,
				the total cost of the project includes the following components as applicable:
(i) land acquisition and site
				development;
(ii) soil survey and
				investigation;
(iii)
				construction;
(iv)
				equipment;
(v) architect
				fees;
(vi) engineering
				fees;
(vii) supervision;
(viii) performance and payment
				bonds;
(ix) contingency;
				and
(x) inflation factor.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 4 - Certificate of Need Regulations › Subchapter 1 - General › Section 310:4-1-6 - Subpoenas and attendance of witnesses [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 14 Ok Reg
				  2247, eff 6-12-97
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 4 - Certificate of Need Regulations › Subchapter 1 - General › Section 310:4-1-7 - Conduct of public hearings [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 14 Ok Reg
				  2247, eff 6-12-97
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 4 - Certificate of Need Regulations › Subchapter 1 - General › Section 310:4-1-7.1 - Applicant's holdings and history

Current through Vol. 41, No. 20, July 1, 2024
During the investigation under 63 O.S. Section 1-852(G) and
				  findings under 63 O.S. Section 1-853(D), the Department and the Commissioner
				  will consider the following:
(1) If the
				licensee has not established a record of performance in long-term care facility
				operations in the State of Oklahoma for at least sixty (60) months immediately
				preceding the filing of the application, then the Department and the
				Commissioner will investigate and make required findings on the holdings and
				long-term care facility operations of each person with a controlling interest.
				In determining the relevance of prior holdings and operations, the Commissioner
				will consider whether the person as an individual:
(A) has authority to adopt or substantially
				influence governing policies that affect the financial performance or quality
				of care of the proposed facility for which a Certificate of Need has been
				applied; and
(B) had authority to
				adopt or substantially influence governing policies that affected the financial
				performance or quality of care of the prior holding or operation.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 4 - Certificate of Need Regulations › Subchapter 1 - General › Section 310:4-1-8 - Reconsideration of decision

Current through Vol. 41, No. 20, July 1, 2024
The applicant or any party may request reconsideration of
				  the Commissioner's decision to issue or deny a Certificate of Need.
(1)
Filing a request.
The
				request for reconsideration must be written and received by the Department
				within the applicable time frame specified in 63 O.S. Sections 1-853 and
				1-880.7. The request must demonstrate conformity to at least one (1) of the
				grounds for a reconsideration hearing specified in 75 O.S. Section 317 of the
				Administrative Procedures Act.
(2)
Determining good cause.
Within ten (10) days after receipt of the
				request, the Commissioner will approve or deny the request for reconsideration,
				based on whether or not the request has shown good cause for reconsideration.
(A) If good cause is not shown, the
				Commissioner will notify the applicant and other parties of this fact. No
				further action will be taken by the Commissioner.
(B) If the Commissioner does find good cause
				for reconsideration, the Commissioner will notify the applicant and other
				parties, and schedule a public hearing.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 4 - Certificate of Need Regulations › Subchapter 1 - General › Section 310:4-1-10 - Ex parte contacts

Current through Vol. 41, No. 20, July 1, 2024
Applicants and other parties must not attempt to discuss the
				  merits of a particular case with the Commissioner or the hearing officer except
				  during a preliminary conference or public hearing. Contacts concerning
				  Certificate of Need projects may be directed to the Department staff.
(1)
Procedure.
If the
				Commissioner or hearing officer is a party to a discussion on the merits of a
				particular case, then they must document the contact in writing in the record
				of the case with the names of the parties and the essence of the
				conversation.
(2)
Penalty.
Any party who attempts to make an improper ex parte
				communication with the Commissioner or the hearing officer may be disqualified
				from further participation in the review of the case.
Amended at 14 Ok Reg
				  2247, eff 6-12-97
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 4 - Certificate of Need Regulations › Subchapter 1 - General › Section 310:4-1-11 - Effectiveness of issued Certificates of Need

Current through Vol. 41, No. 20, July 1, 2024
A Certificate of Need can only be issued to the person who
				  applied for the Certificate. A Certificate of Need cannot be transferred in
				  whole or part to another person. Any transfer of a Certificate of Need renders
				  the certificate invalid.
(1) The
				process for reviewing a plan cannot exceed twelve (12) months from preliminary
				or initial plan submittal to the Department's approval. If the applicant's
				submitted plan does not satisfy requirements to receive approval within twelve
				(12) months, then the Certificate of Need is void. The review process is as
				follows:
(A) Preliminary plans and outline
				specifications must be submitted to the Department within six (6) months after
				approval of a Certificate of Need. The plans and specifications must include
				sufficient information to establish the following:
(i) scope of project;
(ii) project location;
(iii) required fire-safety and exiting
				criteria;
(iv)
				building-construction type, compartmentation showing fire and smoke barriers,
				bed count and services; and
(v) the
				assignment of all spaces, areas, and rooms for each floor level, including the
				basement.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 4 - Certificate of Need Regulations › Subchapter 1 - General › Section 310:4-1-12 - Penalties

Current through Vol. 41, No. 20, July 1, 2024
(a) No person may acquire, establish,
				construct, expand, or begin to acquire, establish, construct or expand a
				covered health care facility unless that person has first obtained a required
				Certificate of Need or an exemption from review.
(b) Any person who engages in a reviewable
				activity without first having obtained a Certificate of Need is subject to an
				administrative penalty of not less than One Hundred Dollars ($100.00) and not
				more than Five Hundred Dollars ($500.00).
(c) Each day the person continues a
				reviewable activity without a Certificate of Need to acquire, establish,
				construct, or expand the health care facility service is treated as a separate
				offense, and additional fines may be imposed.
(d) An administrative penalty may also be
				imposed through an order by the Department after notice and opportunity for
				hearing as required in the Administrative Procedures Act.
Amended at 18 Ok Reg
				  2468, eff 6-25-01
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 4 - Certificate of Need Regulations › Subchapter 1 - General › Section 310:4-1-14 - Confidentiality of records

Current through Vol. 41, No. 20, July 1, 2024
Financial data submitted by an applicant for the purpose of
				  obtaining a Certificate of Need is not considered a "record" as defined in
				  Title 51 O.S. Section
				  24A.3, and
				  is therefore not subject to public inspection, copying, or mechanical
				  reproduction.
Added at 19 Ok Reg 2042,
				  eff 6-27-02
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 4 - Certificate of Need Regulations › Subchapter 1 - General › Section 310:4-1-15 - Management contract exemption [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 19 Ok Reg 2042,
				  eff 6-27-02; Revoked at 22 Ok Reg 2363, eff
				  7-11-05
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 4 - Certificate of Need Regulations › Subchapter 3 - Standards for Health Care Facility Acquisitions › Section 310:4-3-1 - Financial

Current through Vol. 41, No. 20, July 1, 2024
The applicant must provide proof of sufficient financial
				  resources to complete the acquisition and to maintain services and staffing
				  that meet licensure standards for at least twelve (12) months following the
				  acquisition.
(1)
Financial proof
				of acquisition.
Proof of sufficient financial resources to complete the
				acquisition must be provided in the following forms, as applicable:
(A) Conventional, bank, seller-carried, third
				party, or bond financing, see
				310:4-1-13(a)(9)(A);
(B) Equity financing, see
				310:4-1-13(a)(9)(B);
				and
(C) Financing or other funding
				from or guaranteed by a third party that is not duly authorized or chartered as
				a bank, see
				310:4-1-13(a)(9)(C).
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 4 - Certificate of Need Regulations › Subchapter 3 - Standards for Health Care Facility Acquisitions › Section 310:4-3-2 - Staffing

Current through Vol. 41, No. 20, July 1, 2024
The applicant must provide documentation that sufficient
				  personnel will be retained or employed to meet the needs of all residents to
				  comply with all requirements for state licensure and Medicare/Medicaid
				  certification, if applicable. The documentation of staffing must include
				  written statements from the administrator, the director of nursing, the
				  pharmacist, and the medical director, indicating the intention to contract or
				  accept employment with the applicant.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 4 - Certificate of Need Regulations › Subchapter 3 - Standards for Health Care Facility Acquisitions › Section 310:4-3-3 - Experience

Current through Vol. 41, No. 20, July 1, 2024
If the applicant has less than sixty (60) months experience
				  in health care facility operation immediately preceding the filing of the
				  application, the applicant must provide a plan that details how experienced and
				  competent staffing and leadership will be responsible for the facility
				  operations. The operational plan must include:
(1) Organizational papers, bylaws, articles
				of incorporation, partnership agreements, business plans, or other documents
				which confirm the applicant's claims about the policies, rights, duties and
				responsibilities of the applicant and its principals;
(2) Statements from the person or persons who
				will fill management or administrative staffing and leadership positions,
				including but not limited to the director of nursing, the medical director, the
				administrator, and the applicant's policy body, with said statements to
				specifying the minimum amount of time those persons will spend working at the
				facility; and
(3) A statement from
				the applicant agreeing to advise the Department before any change in the
				staffing and leadership during the first six (6) months of operation after the
				acquisition is finalized; and
(4) A
				statement from the applicant agreeing that any person added to or replacing
				another person in the staffing or leadership plan during the first six (6)
				months of operation will comply with 63 O.S. Section 1-853(D) and OAC
				310:4-1-7.1.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 4 - Certificate of Need Regulations › Subchapter 3 - Standards for Health Care Facility Acquisitions › Section 310:4-3-4 - Description of notice to residents and families

Current through Vol. 41, No. 20, July 1, 2024
The form used to notify residents and families as required in
				  63 O.S. Section 1-852(I) requires the following information:
(1) The name of the applicant;
(2) The name and location of the facility to
				be acquired;
(3) A brief
				explanation of the public's opportunity to participate in the review of the
				Certificate of Need application;
(4) The location where and the times when the
				Certificate of Need application will be available for public inspection; and
(5) The address and deadline for
				submitting written comments to the Department.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 4 - Certificate of Need Regulations › Subchapter 5 - Certificate of Need Standards for ICF/IID › Section 310:4-5-1 - Service area

Current through Vol. 41, No. 20, July 1, 2024
For review purposes under the standards in this Subchapter 5,
				  the service area for an Intermediate Care Facility/Individuals with
				  Intellectual Disabilities (ICF/IID) is the service region or area, as
				  designated by the State Department of Human Services, in which it is located or
				  proposed for location. If an application for Certificate of Need is considered
				  for a specialized ICF/IID facility for which only one or two facilities may be
				  needed, or where no service area is designated, then the Department may treat
				  the entire State as the service area.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 4 - Certificate of Need Regulations › Subchapter 5 - Certificate of Need Standards for ICF/IID › Section 310:4-5-2 - Standards for ICF/IID

Current through Vol. 41, No. 20, July 1, 2024
(a) No new ICF/IID
				beds, except ICF/IID 16s and smaller, will be approved in the service area
				unless the total number of ICF/IID beds in the service area falls below the
				following standard: eighty four (84) ICF/IID beds per one hundred thousand
				(100,000) general population;
(b)
				An application for ICF/IID beds will not be approved unless the applicant
				demonstrates familiarity with and understanding of certification standards for
				an ICF/IID, specified in 42 CFR Section 442.400, relating to Standards for
				Payment to Nursing Facilities and Intermediate Care Facilities for Individuals
				with Intellectual Disabilities.
(c)
				The identity of the licensed administrator of the existing or proposed facility
				must be provided by the applicant as a prerequisite to issuance of a
				Certificate of Need.
(d) No
				additional ICF/IID beds, whether proposed through construction or conversion of
				existing space, will be approved for any existing ICF/IID unless it has
				maintained an occupancy rate of at least ninety five percent (95%), based upon
				a calculation of occupancy reflected in the monthly average daily census
				reports of the Department of Human Services, or the Department, for the most
				recent six (6) month period for which official data is available when the
				application is filed.
(e) Any
				ICF/IID beds approved, but not yet in place in the service area, must be
				included in the evaluation for determining bed need specified in subsection (a)
				of this Section.
(f) Any existing
				ICF/IID that proposes an expansion of beds by conversion or construction and
				which has a record of questionable quality of care, as demonstrated through
				complaint investigation records, or other means, may be denied a Certificate of
				Need despite the conformity of the proposal to other standards delineated
				herein.
(g) The Department will
				consider the relationship of a Certificate of Need application to any plan
				adopted by the Department of Human Services concerning the distribution and
				allocation of services for individuals with intellectual or developmental
				disabilities.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 4 - Certificate of Need Regulations › Subchapter 7 - Standards for Licensed Nursing Facility Beds › Section 310:4-7-1 - Service areas

Current through Vol. 41, No. 20, July 1, 2024
(a) The service
				area for a Licensed Nursing Facility (LNF) is presumed to be a map mileage of
				fifteen (15) miles from the location of the facility, except that the service
				area is a radius of seven and one half (7.5) miles for any facility located in
				the corporate limits of Tulsa or Oklahoma City, and any municipality contiguous
				with boundaries of Tulsa or Oklahoma City.
(1) The map mileage for LNFs is calculated
				based on the minimum distance on hard surface, all weather roads from LNF to
				LNF using the State Transportation Department Planning Division's current
				official General Highway Map by County or City which provides sufficient detail
				for calculations of the distance between facilities.
(2) The calculation of the service area
				population includes population data for the cities and towns that fall within
				the service area, and an estimate of the service area population that does not
				live in area cities or towns. If detailed official population data is not
				available for a rural portion of the service area, the estimate of the rural
				population is a prorated share of the county's rural population based on the
				geographic size of the portion of the county which is included in the
				facility's service area.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 4 - Certificate of Need Regulations › Subchapter 7 - Standards for Licensed Nursing Facility Beds › Section 310:4-7-2 - Standards for LNF beds

Current through Vol. 41, No. 20, July 1, 2024
(a) The applicant
				must demonstrate that existing licensed nursing facility beds are not and will
				not be adequate in the service area described in 310:4-7-1, based on the need
				of the population.
(1) The applicant must
				demonstrate that there are persons who need services in the area but are unable
				to obtain those services due to the inadequacy of existing LNF facilities in
				the area.
(2) The applicant must
				demonstrate the probable impact of the proposed beds on the ratio of LNF beds
				to the number of persons age seventy-five (75) and over statewide. The
				applicant must show that the proposed new beds likely will not cause the
				statewide ratio to exceed one hundred seventy-nine (179) beds per one thousand
				(1000) persons age seventy-five (75) and over, and that the project is
				consistent with the achievement of an optimal target ratio of one hundred
				fifty-two (152) beds per one thousand (1000) persons age seventy-five (75) and
				over.
(3) The applicant must
				demonstrate the probable impact of the proposed beds on the ratio of LNF beds
				to the number of persons age seventy-five (75) and over in the service area.
				The application cannot cause an excessive increase in the bed to population
				ratio of a service area. The determination of whether or not an increase is
				excessive is based on the percentage of increase a project will cause in an
				area's bed to population ratio, and on a comparison of the area's bed to
				population ratio against the statewide ratio.
(4) The most recent population data published
				at the time the application is filed must be used. The source of population
				projections for current and future years is based on year 2000 census data as
				published by the Oklahoma Department of Commerce.
(5) If the applicant proposes a special
				service area under 310:4-7-1, then the applicant must demonstrate that the
				target population will have access to the proposed services through public or
				private transportation.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 4 - Certificate of Need Regulations › Subchapter 9 - Standards for Psychiatric and Chemical Dependency Service Beds › Section 310:4-9-1 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Appropriate transfer"
means a transfer in which
				  the transferring hospital or unit provides the required treatment within its
				  capability which minimizes the risks to the person's life, health and safety
				  and such risks that may relate to others; and, in which the receiving hospital
				  or unit has available space and qualified personnel for the psychiatric or
				  chemical dependency treatment of persons under eighteen (18) years of age, and
				  has agreed to accept transfer of the patient and to provide the indicated
				  treatment.
"Emergency"
means the urgent need to admit a
				  person under eighteen (18) years of age for psychiatric or chemical dependency
				  treatment services due to the imminent threat to life, health and/or safety of
				  the person to be admitted and/or others.
"Temporary"
means the period of time, but not to
				  exceed seventy-two (72) hours, from when a person under eighteen (18) years of
				  age presents at the hospital for emergency psychiatric or chemical dependency
				  treatment services in a bed ordinarily used for an adult until the earliest
				  time as determined by the physician that the person can be transferred
				  appropriately within the hospital to a bed that is certified for persons under
				  eighteen (18) years of age, or to another hospital where such a bed is
				  available, or the emergency ceases.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 4 - Certificate of Need Regulations › Subchapter 9 - Standards for Psychiatric and Chemical Dependency Service Beds › Section 310:4-9-2 - Service area

Current through Vol. 41, No. 20, July 1, 2024
The service area for a psychiatric or chemical dependency
				  application is the mental health service area in which the service will be
				  located. The mental health service areas as most recently adopted by the
				  Department of Mental Health and Substance Abuse Services are shown in Appendix
				  A.
(1)
Alternative service
				areas.
The Department may consider an alternative service area if the
				applicant clearly demonstrates the applicability of a different service area,
				based on the following factors:
(A) The
				availability or lack of practicing psychiatrists, psychologists, and other
				counseling or support personnel.
(B) The existence of an underserved
				population large enough to support an adequately sized hospital-based and/or
				freestanding psychiatric or chemical dependency service.
(C) The availability of appropriate community
				mental health services to ensure a continuum of treatment.