reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 3 - Administration › Section 310:662-3-2 - Client rights and responsibilities

Current through Vol. 41, No. 20, July 1, 2024
(a) Every agency shall have a written
				statement of clients' rights and responsibilities governing agency services
				which shall be made available and explained to each client or client's
				representative. This information shall be provided verbally and in writing
				before or at admission, and documented in the client's record.
(b) The statement shall include but not be
				limited to:
(1) A description of available
				services, unit charges and billing process. Any changes in fees or billing
				shall be given to the client orally and in writing as soon as possible but no
				later than thirty (30) calendar days from the date the agency becomes aware of
				a change. Unit charge information shall be disclosed to the client even if the
				service is provided through third party payment.
(2) Information regarding the client's or
				client representative's right to participate in the planning of the care to be
				furnished, the disciplines that shall furnish care, the frequency of
				visits/hours proposed, the title of the person supervising the client's care
				and the manner in which that person may be contacted.
(3) The right of the client or client's
				representative to be advised in advance of any change in the plan of
				care.
(4) The responsibility of the
				client or client's representative to treat agency personnel with respect, to
				disclose pertinent health related information accurately, and to inform agency
				personnel when instructions to the client or client's representative cannot be
				understood or followed.
(5) An
				explanation to the client or client's representative of the confidential
				treatment of all client information retained in the agency and the requirement
				for written consent for release of information to persons not otherwise
				authorized by law to receive it.
(6) The right of the client to have the
				client's property and person treated with respect.
(7) An explanation of the agency's grievance
				procedure; the right of the client or client's representative to register a
				grievance with the agency without reprisal or discrimination from the agency,
				regarding treatment or care received.
(8) Information to the client or client's
				representative that a complaint against the agency may be directed to the
				Department. The statement shall direct the client or representative to register
				complaints with the Oklahoma State Department of Health, 1000 N.E. Tenth,
				Oklahoma City, Oklahoma 73117-1299.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 3 - Administration › Section 310:662-3-3 - Standards of practice

Current through Vol. 41, No. 20, July 1, 2024
(a) A home care
				agency shall maintain the highest level of standards in its business practices.
				The governing body of each agency shall adopt written standards of practice,
				which shall be strictly adhered to by all employees, agency contractors and
				owners of the agency.
(b) At a
				minimum, every home health agency shall include the following items in the
				agency's standards of practice:
(1) Neither
				the owner nor any home health agency employee or contractor shall knowingly
				mislead a client, family member, client's representative or caregiver
				concerning services, charges, or use of equipment.
(2) Neither the owner nor any home care
				agency employee or contractor shall misuse or misappropriate any property
				belonging to any client, family member, client's representative or
				caregiver.
(3) Neither the owner
				nor any home care agency employee or contractor shall knowingly and actively
				recruit a client under the care of another home care agency.
(4) The home care agency shall accept client
				referrals in a professional manner with no remuneration provided to the
				referring party.
(5) Solicitation
				of clients by coercion or harassment shall be prohibited.
(6) No agency, employee of any agency, or
				agency contractor shall serve as the guardian of a client unless such home care
				provider is related to the client by blood or marriage and/or is otherwise
				eligible to serve as a guardian.
(7) All home care services shall be provided
				in compliance with accepted standards of practice.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 3 - Administration › Section 310:662-3-3.1 - Compliance with Federal, State and local laws

Current through Vol. 41, No. 20, July 1, 2024
The agency and its staff shall operate and furnish services
				  in compliance with all applicable Federal, State, and local laws and
				  regulations.
Added at 14 Ok Reg 2111,
				  eff 4-7-97 (emergency); Added at 14 Ok Reg 2274, eff
				  6-12-97
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 3 - Administration › Section 310:662-3-5 - Clinical records

Current through Vol. 41, No. 20, July 1, 2024
(a) The agency
				shall establish and maintain a clinical record for each client receiving care
				and services. The record shall be complete, timely, accurately documented and
				readily accessible. Clinical records shall be kept confidential. The agency
				shall ensure confidentiality of client information in accordance with written
				policies and procedures. Records shall be stored in a locked area and only
				authorized personnel shall have access to the records.
(b) Clinical records are the property of the
				home care agency and may be released only upon the written consent of the
				client, the court appointed guardian, by a court order, or as otherwise
				authorized by law. Any person who has been a client of a home care agency shall
				be entitled to obtain copies of their clinical record as allowed by law. [76
				O.S. 1991, §19]
(c) Clinical
				records shall be retained at least five (5) years beyond the date the client
				was last seen or longer as otherwise required by law.
(d) In addition to a plan of care, the
				clinical record shall contain:
(1)
				Appropriate identifying information for the client, household members and/or
				client representative(s), including telephone numbers to be used in the event
				of an emergency.
(2) Initial
				assessment including health history, and current findings.
(3) A description of the client's functional
				limitations and activity restrictions, if any.
(4) Documentation of any change in the
				client's condition.
(5) Notes for
				each service provided including the date, service provided, and the name and
				title of the person providing the service and the person's signature.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 3 - Administration › Section 310:662-3-6 - Client care policies

Current through Vol. 41, No. 20, July 1, 2024
(a) Each agency
				shall adopt, implement and enforce written client care policies, specific to,
				and consistent with the scope and range of client care services offered. Client
				care policies and client care practices shall be consistent with current
				standards of practice and shall be reviewed and revised as necessary.
(b) Client care policies shall include but
				not be limited to:
(1) Infection control in
				the home care setting, including the prevention and spread of infectious and
				communicable diseases from agency personnel to clients;
(2) Safety assessment and teaching on injury
				prevention in the home environment;
(3) Management of emergency medical
				situations by home care staff in the home; and
(4) Efforts to maximize client
				autonomy.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 5 - Client Services › Section 310:662-5-1 - Initiation of services

Current through Vol. 41, No. 20, July 1, 2024
(a)
In-home assessment.
The home care agency shall accept a client for
				services on the basis of a reasonable expectation that the client's needs can
				be met adequately in the client's residence. An initial assessment shall be
				performed in the client's residence by a physician, registered nurse or
				qualified therapist as indicated by the service to be provided.
(b)
Initial assessment.
The
				initial assessment shall occur prior to, or at the time that home care services
				are initially provided. The assessment shall determine whether the agency has
				the ability to provide the necessary services in the home.
(c)
In-home assessment - skilled
				care.
No in-home assessment of the need for skilled care shall be
				conducted by any agency, agency employee, or agency contractor unless and until
				the agency receives a physician's order to provide skilled care, or to conduct
				an in-home assessment of the need for skilled care. Skilled care shall not be
				provided by any agency, agency employee, or agency contractor unless and until
				the agency receives a physician's order to provide skilled care.
(d)
Solicitation, coercion,
				harassment.
No agency, agency employee, or agency contractor shall
				solicit, coerce or harass a consumer of home care services or an individual who
				may need home care services in order to initiate services with the
				agency.
Added at 11 Ok Reg 3185,
				  eff 6-27-94; Amended at 12 Ok Reg 3442, eff 5-10-95 (emergency); Amended at 12
				  Ok Reg 2789, eff 7-27-95; Amended at 14 Ok Reg 2111, eff 4-7-97 (emergency);
				  Amended at 14 Ok Reg 2274, eff 6-12-97
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 5 - Client Services › Section 310:662-5-2 - Plan of care

Current through Vol. 41, No. 20, July 1, 2024
(a)
Non-skilled care.
If only personal care is provided, the physician
				or registered nurse shall prepare a plan of care at the time of initial
				assessment. The plan of care shall be developed after consultation with the
				client and/or the client's representative and shall include potential services
				to be provided; the frequency of visits and/or hours of service; as well as
				identified problems, method of intervention, and date of resolution. The plan
				of care for the client shall be communicated to the caregiver prior to or at
				the time of the delivery of non-skilled care. The plan of care shall be revised
				as necessary, but it shall be reviewed and updated by the registered nurse and
				all appropriate staff involved in care delivery at least every six (6)
				months.
(b)
Skilled
				care.
If skilled care is ordered, the order shall be sent by the agency
				within ten (10) days to the ordering physician to be signed and returned in a
				timely manner. The plan of care shall be developed at the time of admission in
				conjunction with all appropriate disciplines and shall cover all pertinent
				diagnoses, including mental status, types of services and equipment required,
				frequency of visits/hours, prognoses, functional limitations, activities
				permitted, nutritional requirements, medications and treatments, any safety
				measures to protect against injury, and any other appropriate items. Orders for
				therapy services shall include the specific procedures and modalities to be
				used and, as appropriate, the amount, frequency and duration. Services
				delivered shall be consistent with the services ordered in the plan of care.
				There shall be a continuing review of clinical records for each sixty-two (62)
				day period that a client receives home care services to determine adequacy of
				the plan of care and appropriateness of continuation of care.
Added at 11 Ok Reg 3185,
				  eff 6-27-94; Amended at 12 Ok Reg 3442, eff 5-10-95 (emergency); Amended at 12
				  Ok Reg 2789, eff 7-27-95; Amended at 14 Ok Reg 2111, eff 4-7-97 (emergency);
				  Amended at 14 Ok Reg 2274, eff 6-12-97
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 5 - Client Services › Section 310:662-5-3 - Services provided

Current through Vol. 41, No. 20, July 1, 2024
(a)
Available
				services.
Home care services provided by the agency shall be available
				on a visiting basis in the place of residence used as a client's home. If the
				client's home is a licensed facility, services provided by the licensed
				facility shall not be duplicated by the agency. Additional personal care
				services provided shall not be considered a duplicate service.
(b)
Coordination of services.
All personnel furnishing services shall maintain liaison to ensure their
				efforts are coordinated effectively, documented and support the objectives in
				the plan of care. If services are provided in a licensed facility, the agency
				shall advise facility staff of services provided to ensure care is coordinated.
				If an agency client is transferred to another health care provider or facility,
				a summary of the services provided and condition of the client shall be
				forwarded to the receiving provider/facility if requested.
(c)
Skilled nursing.
The agency
				shall furnish skilled nursing services by, or under the supervision of, a
				registered nurse and in accordance with the physician's or non-physician
				practitioner's orders.
(1) The duties of the
				registered nurse shall include, but not be limited to the following:
(A) Performing the initial evaluation
				visit.
(B) Regularly reevaluating
				the client's nursing needs.
(C)
				Initiating the plan of care and necessary revisions.
(D) Furnishing those services requiring
				specialized nursing skills.
(E)
				Coordinating services.
(F)
				Informing the physician or non-physician practitioner and other personnel in a
				timely manner of changes in the client's condition and needs.
(G) Supervision and teaching.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 5 - Client Services › Section 310:662-5-3.1 - Infectious waste disposal

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Every agency which generates infectious wastes in the course of providing home
				care services shall make appropriate provision for disposal of such materials.
(1) Sharps generated in a client's residence
				shall be packaged in rigid, leak proof, puncture resistant containers prior to
				disposal in regular household wastes or at an approved waste processing
				facility.
(2) Infectious wastes
				that are not sharps shall be disposed appropriately as required by agency
				policy, and Federal, state and local laws.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 5 - Client Services › Section 310:662-5-4 - Quality assessment and improvement

Current through Vol. 41, No. 20, July 1, 2024
(a) Each home care agency shall have an
				ongoing program approved by the governing body which assesses all services
				provided and requires quality improvements when indicated. The program shall be
				defined by written policies which shall stipulate methods for assessment,
				agency staff responsible for implementation and the mechanism of reporting
				assessments and any recommendations for improvement to the administrator and
				governing body.
(b) The program
				shall include but not be limited to the following:
(1) Methods used to assess and improve all
				home care services provided, whether the services are provided directly or by
				contract. Methods for skilled care assessment shall be developed with input
				from each appropriate discipline providing services. Assessment methodology
				shall at least include client satisfaction surveys and sample clinical record
				reviews.
(2) The frequency that
				program activities shall be performed and agency staff responsible for the
				activity. Program assessments and any recommendations for improvement shall be
				documented and reported in writing at least each three (3) months to the
				administrator and the governing body. The program shall have methods to
				reassess improvements implemented to ensure that the quality of care has
				improved.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 6 - Supportive Home Assistant Competency Testing › Section 310:662-6-1 - Requirements for administration of the competency examination

Current through Vol. 41, No. 20, July 1, 2024
(a) The competency examination for
				individuals who successfully complete agency-based supportive home assistant
				training taught in compliance with 63 O.S Supp. 2009 § 1-1962(B) shall be
				administered and evaluated only by a Department approved testing 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) Assurances that the written and skills
				testing process are not compromised.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 6 - Supportive Home Assistant Competency Testing › Section 310:662-6-2 - Content of the competency examination

Current through Vol. 41, No. 20, July 1, 2024
(a) The competency examination shall include
				a written or oral portion, in English, which shall:
(1) Allow a supportive home assistant to
				choose between a written and an oral examination.
(2) Address each requirement specified in the
				minimum curriculum prescribed by the Department at 63 O.S Supp. 2009 §
				1-1962(B).
(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 662 - Home Care Agencies › Subchapter 6 - Supportive Home Assistant Competency Testing › Section 310:662-6-3 - 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 portion of the competency examination, and the skills examination in
				order to complete the competency examination for supportive home assistant
				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.
Added at 28 Ok Reg 1061,
				  eff 6-11-11
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 6 - Supportive Home Assistant Competency Testing › Section 310:662-6-4 - Failure to complete the competency examination

Current through Vol. 41, No. 20, July 1, 2024
If an individual does not complete the competency examination
				  for supportive home assistant 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 three times without further
				training.
Added at 28 Ok Reg 1061,
				  eff 6-11-11
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 6 - Supportive Home Assistant Competency Testing › Section 310:662-6-5 - Expiration of the competency examination

Current through Vol. 41, No. 20, July 1, 2024
(a) An individual who has obtained
				agency-based supportive home assistant training and successfully completed a
				competency examination for supportive home assistants administered by a
				Department approved testing entity as described in OAC 310:662-6 shall be
				deemed able to provide standby assistance to clients of a licensed home care
				agency.
(b) Designation as a
				supportive home assistant shall not expire provided the individual receives a
				documented agency-based competency assessment by a Licensed Nurse at the time
				of employment and at least once per calendar year in each subsequent year of
				employment.
(c) In order to keep
				the designation of supportive home assistant, individuals shall maintain
				documentation of their completed agency-based training issued by the agency
				that provided the training as well as documentation of their successful
				competency examination issued by a Department approved testing
				entity.
(d) Individuals who are
				unable to provide the documentation described in
				310:662-6-3(c)
				shall be required to meet the training and competency examination requirements
				for designation as a supportive home assistant before they may be employed to
				provide standby assistance.
Added at 28 Ok Reg 1061,
				  eff 6-11-11
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 7 - Enforcement › Section 310:662-7-1 - Inspections

Current through Vol. 41, No. 20, July 1, 2024
A certified/accredited agency shall not be subject to routine
				  licensure inspections by the Department. Branch offices of certified/accredited
				  agencies whose parent agency is not located in the State of Oklahoma shall not
				  be considered to be certified/accredited, neither shall they be exempt from
				  routine licensure inspections. The Department may inspect any agency at any
				  time in order to determine compliance with the provisions of the Act or this
				  Chapter. These inspections may be routine as in the case of a
				  non-certified/accredited agency or based on a complaint received by the
				  Department. The right of inspection shall also extend over any home care agency
				  the Department has reason to believe is advertising or operating a home care
				  service without a license.
Added at 11 Ok Reg 3185,
				  eff 6-27-94
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 7 - Enforcement › Section 310:662-7-2 - Complaints and investigations

Current through Vol. 41, No. 20, July 1, 2024
A complaint may be registered by any person who believes a
				  home care program is operating contrary to the Act, or these rules, or is
				  posing a serious threat to the health and welfare of a client in its care. The
				  Department shall receive complaints verbally or in writing. If a name and
				  address is furnished, the complainant as well as the home care agency shall be
				  notified in writing of the findings. The complaint shall not be made public
				  unless a completed investigation by the Department substantiates the violations
				  alleged in the complaint. Client names shall not be disclosed. Any home care
				  agency with violations found on investigation shall be required to correct
				  non-compliant items.
Added at 11 Ok Reg 3185,
				  eff 6-27-94; Amended at 14 Ok Reg 2111, eff 4-7-97 (emergency); Amended at 14
				  Ok Reg 2274, eff 6-12-97
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 7 - Enforcement › Section 310:662-7-3 - Penalties

Current through Vol. 41, No. 20, July 1, 2024
Any home care agency or home health aide covered by the Home
				  Care Act that has been determined by the Department to have violated any
				  provision of the Act or any rule promulgated theretto may be liable for an
				  administrative penalty of not more than one hundred dollars ($100.00) per
				  violation for each day on which a violation occurs or continues. The maximum
				  administrative penalty shall not exceed ten thousand dollars ($10,000.00) for
				  any related series of violations.
Added at 11 Ok Reg 3185,
				  eff 6-27-94
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 7 - Enforcement › Section 310:662-7-4 - Equitable relief

Current through Vol. 41, No. 20, July 1, 2024
The Department may bring an action in a court of competent
				  jurisdiction for equitable relief to redress or restrain a violation by any
				  person of a provision of the Home Care Act or any rule promulgated pursuant to
				  the provisions of the Home Care Act. Said court shall have jurisdiction to
				  determine said action, and to grant the necessary or appropriate relief,
				  including but not limited to mandatory or prohibitive injunctive relief or
				  interim equitable relief.
Added at 11 Ok Reg 3185,
				  eff 6-27-94
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 7 - Enforcement › Section 310:662-7-5 - Adverse actions

Current through Vol. 41, No. 20, July 1, 2024
The Department may deny, modify, deny renewal, suspend, or
				  revoke the license of any agency that has demonstrated a history of
				  non-compliance with the Act or this Chapter. Any agency found to be in
				  substantial non-compliance shall be subject to these provisions immediately if
				  client health and safety are in jeopardy. The issuance or renewal of a license
				  after notice of a violation shall not constitute a waiver by the Department of
				  its power to rely on the violation as the basis for subsequent revocation of a
				  license or other enforcement action authorized by the Act or this
				  Chapter.
Added at 11 Ok Reg 3185,
				  eff 6-27-94; Amended at 14 Ok Reg 2111, eff 4-7-97 (emergency); Amended at 14
				  Ok Reg 2274, eff 6-12-97
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 7 - Enforcement › Section 310:662-7-6 - Hearings

Current through Vol. 41, No. 20, July 1, 2024
Hearings shall be conducted according to the Administrative
				  Procedures Act and Chapter 2 of this Title (310:002)
Added at 11 Ok Reg 3185,
				  eff 6-27-94
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 7 - Enforcement › Section 310:662-7-7 - Appeals

Current through Vol. 41, No. 20, July 1, 2024
A final order of the Department may be appealed to the
				  District Court by any party directly affected or aggrieved by the
				  order.
Added at 11 Ok Reg 3185,
				  eff 6-27-94
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 8 - Sitter or Companion Services › Section 310:662-8-1 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
No public or private agency or person shall establish,
				  conduct or maintain a sitter or companion service or hold itself out to the
				  public as a sitter or companion service without first obtaining a license from
				  the State Department of Health.
Added at 25 Ok Reg 2455,
				  eff 7-11-08
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 8 - Sitter or Companion Services › Section 310:662-8-2 - Licensure

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application.
Any person,
				corporation, partnership, association or other legal entity desiring to obtain
				a license to establish, or to obtain a renewal license to operate, a companion
				or sitter service in this State shall make application to the State Department
				of Health in such form and accompanied by such information as the State
				Commissioner of Health shall prescribe. All applications shall include
				disclosure statements completed by the applicant which shall include, but not
				be limited to, the following information:
(1)
				The full name and address of the applicant, and all affiliated
				persons;
(2) The name and location
				of the companion or sitter service for which a license is sought;
(3) The full name of the individual
				responsible for supervision of the companion or sitter services that meets the
				requirements of the Act and evidence of current licensure and/or training as
				appropriate;
(4) Proof of
				participation in a workers' compensation insurance program for employees who
				are subject to pertinent labor laws. This insurance requirement shall remain in
				effect at all times while the service is licensed;
(5) Proof of liability insurance coverage of
				at least one hundred thousand dollars ($100,000.00) per occurrence, three
				hundred thousand dollars ($300,000.00) aggregate. Each service shall maintain
				at least this level of coverage.
(6) An affidavit attesting to the information
				provided.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 8 - Sitter or Companion Services › Section 310:662-8-3 - Licensure issuance/renewal

Current through Vol. 41, No. 20, July 1, 2024
(a)
Expiration.
Each license for a companion or sitter service shall
				expire one (1) year after issuance on the last day of the month of issuance
				unless suspended or revoked.
(b)
Deadlines for applications.
The license application shall be filed
				in accordance with the following deadlines.
(1) The application for a companion or sitter
				service license shall be filed at least thirty (30) days before beginning
				operations.
(2) The application for
				an initial license, for a transfer of ownership or operation, shall be filed at
				least thirty (30) days prior to the transfer. If the Department finds that an
				emergency exists which threatens the welfare of clients, the thirty (30) day
				advance filing notice may be waived.
(3) The application for renewal of a licensed
				existing sitter or companion service shall be filed at least thirty (30) days
				prior to the expiration date of the license.
(4) An incomplete initial or renewal
				application received by the Department shall be summarily dismissed after
				thirty (30) days of applicant notification of an incomplete application.
				Thereafter, the applicant shall submit a new application and the initial or
				renewal fee.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 8 - Sitter or Companion Services › Section 310:662-8-4 - Base of operation

Current through Vol. 41, No. 20, July 1, 2024
Each companion or sitter service shall operate from a place
				  of business which is accessible to the public and physically located in
				  Oklahoma. Staff providing services shall be supervised by personnel at that
				  location. The license shall be issued only for the premises named in the
				  application.
Added at 25 Ok Reg 2455,
				  eff 7-11-08
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 8 - Sitter or Companion Services › Section 310:662-8-5 - Criminal background checks

Current through Vol. 41, No. 20, July 1, 2024
Each companion or sitter service shall maintain a copy of
				  each background check that is conducted on an agency employee to meet the
				  requirements of the Act.
Added at 25 Ok Reg 2455,
				  eff 7-11-08
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 8 - Sitter or Companion Services › Section 310:662-8-6 - Transfer of ownership of a licensed agency

Current through Vol. 41, No. 20, July 1, 2024
(a) The license for a companion or sitter
				service is not transferable or assignable except a license may be transferred
				to any affiliated person, parent company or subsidiary of the applicant or
				legal entity which has an ongoing organizational relationship with the
				applicant. Proof of legal assignment with accompanying application for
				licensure shall be filed with the Department at the time of the change. There
				shall be no fee for legal assignment of a service license.
(b) If an entity is considering acquisition
				of a licensed agency, an application for license with a five hundred dollar
				($500.00) fee for the service shall be filed with the Department at least
				thirty (30) days prior to the effective date of the change. A copy of the
				executed sales agreement shall be provided to the Department.
(c) If a corporate licensee amends its
				articles of incorporation to revise its name, this subsection does not apply.
				The sale of stock of a corporate licensee does not cause this subsection to
				apply.
(d) No license shall be
				transferred from one location to another unless the Department is notified. If
				a service is considering relocation, the service shall notify the Department
				thirty (30) days prior to the intended relocation. The Department shall provide
				written notification to the service amending the annual license to reflect the
				new location.
(e) Upon the
				effective date of a change of ownership or upon cessation of operation of a
				service, the current license shall be mailed or returned to the Department. The
				service shall advise the Department in writing at the time of cessation of
				operation where service records shall be archived and how these records shall
				be accessed.
Added at 25 Ok Reg 2455,
				  eff 7-11-08
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 8 - Sitter or Companion Services › Section 310:662-8-7 - Individual Service Plan

Current through Vol. 41, No. 20, July 1, 2024
The individual responsible for supervision of the companion
				  or sitter services shall prepare an Individual Service Plan at the time of the
				  initial evaluation. The Individual Service Plan shall be developed after
				  consultation with the client and/or the client's representative and shall
				  include potential services to be provided and the requested hours of service.
				  The Individual Service Plan for the client shall be communicated to the
				  caregiver prior to or at the time of the delivery of care. The Individual
				  Service Plan shall be revised as necessary, but it shall be reviewed and
				  updated by the individual responsible for supervision of the companion or
				  sitter services at least every six (6)months.
Added at 25 Ok Reg 2455,
				  eff 7-11-08
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 8 - Sitter or Companion Services › Section 310:662-8-8 - Complaint investigations

Current through Vol. 41, No. 20, July 1, 2024
The Department shall investigate allegations of noncompliance
				  with the requirements as specified in the Act.
Added at 25 Ok Reg 2455,
				  eff 7-11-08
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 662 - Home Care Agencies › Subchapter 8 - Sitter or Companion Services › Section 310:662-8-9 - Mediation

Current through Vol. 41, No. 20, July 1, 2024
(a) If a complaint investigation results in a
				finding of noncompliance against a licensed companion or sitter service, the
				licensed service may request review of the findings by a mediator in an effort
				to come to consensus on the facts of the investigation and to resolve any
				conflicts between the licensed service and the Department.
(b) Requests for mediation shall be made in
				writing and shall be received by the Department within ten days after the
				service has received the notice of noncompliance from the Department.
(c) Mediators shall be certified by the
				Alternative Dispute Resolution System through the Supreme Court of
				Oklahoma.
Added at 25 Ok Reg 2455,
				  eff 7-11-08
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 1 - General Provisions › Section 310:663-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Chapter provides for the licensure of continuum of care
				  facilities and assisted living centers under authority of the following laws:
				  63 O.S. Supp. 1997, Sections 1-890.1 et seq. (Continuum of Care and Assisted
				  Living Act); and 75 O.S. Supp. 1997, Sections 250.1 through 323,
				  (Administrative Procedures Act).
Added at 15 Ok Reg 2605,
				  eff 6-25-98
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 1 - General Provisions › Section 310:663-1-3 - Purpose, authority and indoor tobacco smoke

Current through Vol. 41, No. 20, July 1, 2024
(a) The purpose of this section is to
				establish a prevention program for several non-communicable diseases, which
				will improve the health of Oklahomans by eliminating exposure to secondhand
				tobacco smoke and its deadly effects. This section abates the public health
				nuisance of secondhand smoke under the authority of the Commissioner of Health
				as specified under Section
				1-106(b)(1)
				of Title 63 of the Oklahoma Statutes. This section also further specifies how
				compliance with the Smoking in Public Places Act will be accomplished. [63 O.S.
				§§
									1-1521
et seq.
]
(b) The
				Commissioner of Health has conducted a study and is recommending these measures
				to the Board of Health under his authority as stated in section 1-106 of the
				Public Health Code. [63 O.S. §
									1-106
				] The Board has the authority to establish prevention programs for
				non-communicable disease and to promulgate rules for the control of causative
				or toxic substances, which can cause disease under section 1-502b of the Public
				Health Code. [63 O.S. § 1-502b ] The Board is adopting this rule under its
				authority in sections
				1-104
				and
				1-1526 of
				Title 63 of the Oklahoma Statutes. [63 O.S. §§
									1-104
				& 1-1526]
(c) Smoking or
				possessing a lighted tobacco product is prohibited in a continuum of care or
				assisted living facility and within fifteen (15) feet of each entrance to a
				facility and of any air intakes; provided however, the facility may provide a
				smoking room not available to the public for use by residents
(d) An indoor smoking room may be provided
				if:
(1) It is completely enclosed;
(2) It is exhausted directly to the outside
				and maintained under negative pressure sufficient to prevent any tobacco smoke
				from entering non-smoking areas of the building;
(3) It allows for visual observation of the
				residents from outside of the smoking room; and
(4) The plans are reviewed and approved by
				the Department.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 1 - General Provisions › Section 310:663-1-4 - Other provisions applicable to assisted living centers

Current through Vol. 41, No. 20, July 1, 2024
Assisted living centers subject to the provisions of this
				  chapter shall comply with the following Oklahoma statutes as applicable:
(1) 63 O.S. Sections
				1-879.2a
				et seq., Alzheimer's Disease Special Care Disclosure Act;
(2) 59 O.S. Sections 367 et seq., Utilization
				of Unused Prescription Medications Act;
(3) 63 O.S. Section
				1-1909.
				(relating to documents and papers required to be displayed);
(4) 63 O.S. Section
				1-1945.
				(relating to Long Term Care Security Act definitions);
(5) 63 O.S. Section
				1-1946.
				(relating to registered sex offender or violent crime offender seeking
				placement in a long-term care facility - notification - facility's duty to
				determine registration status of applicants for care, residents, and
				employees);
(6) 63 O.S. Section
				1-1950.1.
				(relating to definitions - criminal arrest check on certain persons offered
				employment - exemptions);
(7) 63
				O.S. Section
				1-1950.3.
				(relating to nurses aides - employment of persons not licensed);
(8) 63 O.S. Section
				1-1950.4.
				(relating to nurse aides - uniform employment application);
(9) 63 O.S. Section
				1-1950.4a.
				(relating to uniform employment application - penalty for false
				information);
(10) 63 O.S. Section
				1-1950.5.
				(relating to caregiver - compensation - definition); and
(11) 63 O.S. Section
				1-1951.
				(relating to certified nurse aides).
Added at 24 Ok Reg 2007,
				  eff 6-25-071; Added at 25 Ok Reg 2460, eff
				  7-11-08
1See Editor's Note at
				  beginning of this Chapter.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 3 - Services and Care › Section 310:663-3-1 - Service in an assisted living center

Current through Vol. 41, No. 20, July 1, 2024
(a)
				An assisted living center shall not care for any resident needing care in
				excess of the level that the assisted living center is licensed to provide or
				capable of providing.
(b) An
				assisted living center shall ensure that routines of care provision and service
				delivery are directed by the resident to the maximum extent possible.
Added at 15 Ok Reg 2605,
				  eff 6-25-98
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 3 - Services and Care › Section 310:663-3-2 - Admission criteria for assisted living center

Current through Vol. 41, No. 20, July 1, 2024
(a) The assisted living center shall describe
				the population admitted or to be admitted based on the services provided to
				meet the following resident needs:
(1)
				assistance with personal care;
(2)
				nursing supervision;
(3)
				intermittent or unscheduled nursing care;
(4) medication administration;
(5) assistance with cognitive orientation and
				care or service for Alzheimer's disease and related dementias; and
(6) assistance with transfer or
				ambulation.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 3 - Services and Care › Section 310:663-3-3 - Description of service in assisted living center

Current through Vol. 41, No. 20, July 1, 2024
(a) The assisted living center shall describe
				the service to be provided or arranged in the assisted living center with
				respect to the following services:
(1)
				assistance with personal care meals, housekeeping and laundry;
(2) nursing supervision during nursing
				intervention;
(3) intermittent or
				unscheduled nursing care as defined in this chapter;
(4) medication administration;
(5) assistance with cognitive
				orientation;
(6) any specialized
				service or unit for residents with Alzheimer's disease and related dementias,
				physical disabilities or other special needs that the facility intends to
				market;
(7) assistance with
				transfer or ambulation;
(8) planned
				programs for socialization, activities and exercise; and
(9) provisions for evacuation of the building
				structure and staff to meet the evacuation needs of residents.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 3 - Services and Care › Section 310:663-3-4 - Appropriateness of placement in assisted living center

Current through Vol. 41, No. 20, July 1, 2024
(a) The assisted living center shall use the
				screening instrument specified in 310:663-5 to determine the appropriateness of
				the resident's placement in the assisted living center.
(b) The resident shall not be eligible for
				placement in the assisted living center under one (1) or more of the following
				circumstances:
(1) The resident needs care or
				services that exceed the care or services available in the assisted living
				center;
(2) The resident's
				physician determines that the resident requires physical or chemical restraints
				in situations other than emergencies;
(3) The resident poses a threat to self or
				others; or
(4) The assisted living
				center is unable to meet the resident's needs for privacy or dignity.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 3 - Services and Care › Section 310:663-3-5 - Involuntary termination of residency

Current through Vol. 41, No. 20, July 1, 2024
(a)
Termination of residency when inappropriately placed.
If an
				assisted living center finds pursuant to
				310:663-3-4
				(relating to appropriate placement) that a resident is inappropriately placed,
				the assisted living center shall inform the resident and/or the resident's
				representative if any. If voluntary termination of residency is not arranged,
				the assisted living center shall provide written notice to the resident and to
				the resident's representative, giving the resident thirty (30) days notice of
				the assisted living center's intent to terminate the residency agreement and
				move the resident to an appropriate care provider. The thirty (30) day
				requirement shall not apply:
(1) when
				emergency termination of the residency agreement is mandated by the resident's
				immediate health needs; or
(2) when
				termination of the residency agreement is necessary for the physical safety of
				the resident or other residents.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 3 - Services and Care › Section 310:663-3-6 - Management of risk in assisted living center

Current through Vol. 41, No. 20, July 1, 2024
(a) If a resident's preference or decision
				places the resident or others at risk or is likely to lead to an adverse
				consequence, the assisted living center shall advise the resident and the
				resident's representative of such risk or consequences.
(b) The assisted living center shall specify
				the cause for concern, discuss the concern with the resident and
				representative, if any, and attempt to negotiate a written agreement that
				minimizes risk and adverse consequences and offers alternatives while
				respecting resident preferences.
(c) The assisted living center shall document
				any lack of agreement and shall provide a copy to the resident and the
				resident's representative.
Added at 15 Ok Reg 2605,
				  eff 6-25-98
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 663 - Continuum of Care and Assisted Living › Subchapter 3 - Services and Care › Section 310:663-3-7 - Services and care specific to continuum of care facility

Current through Vol. 41, No. 20, July 1, 2024
(a) Each continuum of care facility shall
				provide, coordinate or arrange care appropriate to the needs and capabilities
				of its residents.
(b) A continuum
				of care facility shall not care for any resident needing care in excess of the
				level that the continuum of care facility is licensed to provide.
(c) A continuum of care facility shall ensure
				the availability of care appropriate to a nursing facility or specialized
				facility and shall comply with the requirements of Title 63 O.S. Supp. 1997,
				Section
				1-1901 et
				seq. and OAC 310:675.
(d) In
				addition to the care required in (c) of this Section, a continuum of care
				facility shall ensure the availability of at least one (1) of the following:
(1) service appropriate to an assisted living
				center operating in full compliance with the Act and OAC 310:663; or
(2) care appropriate to an adult day care
				center operating in compliance with the Title 63 O.S. Supp. 1997, Section
				1-870
				et seq. and OAC 310:605.