reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-22 - Settlement agreements and consent orders

Current through Vol. 41, No. 20, July 1, 2024
(a)
Settlement agreements.
The
				resolution of an administrative proceeding that is reduced to writing by the
				parties shall be considered a settlement agreement. Settlement agreements may
				be approved by the assigned administrative law judge by agreement of the
				parties. Settlement agreements may be executed and tendered to the assigned
				administrative law judge at any time. The Department may retain jurisdiction of
				any settlement agreement, and the case may be re-opened if a breach of the
				agreement is alleged by any party. The settlement agreement may be used as
				evidence in any proceeding subsequent to an allegation of breach.
(b)
Consent orders.
The
				resolution of an administrative proceeding that is reduced to writing by the
				parties and submitted to the assigned administrative law judge or Commissioner
				for approval shall be considered a Consent Order. Consent Orders must conform
				to the requirements of OAC
				310:2-21-19. A
				Consent Order may substitute for a settlement agreement at any time by
				agreement of the parties. A consent order shall constitute a Final Order in the
				case. By agreeing to the entry of a consent order, the parties expressly agree
				not to seek judicial review. Consent orders may be enforced as judgments in
				District Court as provided by law.
Added at 24 Ok Reg 1896,
				  eff 6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-23 - Emergency actions

Current through Vol. 41, No. 20, July 1, 2024
When the Commissioner of Health or an assigned administrative
				  law judge finds that the public health, safety or welfare requires that action
				  be taken immediately and when such a finding is incorporated in an order,
				  emergency action or summary suspension of a license may be ordered pending the
				  filing of a petition and/or the outcome of an individual
				  proceeding.
Added at 24 Ok Reg 1896,
				  eff 6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-24 - Sanctions for noncompliance

Current through Vol. 41, No. 20, July 1, 2024
The assigned administrative law judge may take any action
				  allowed by law against any party as a sanction for any non-compliance with the
				  rules in this chapter, including, but not limited to, assuming an adverse
				  evidentiary inference, continuing any proceeding, striking any pleading,
				  imposition of costs and fees, including attorneys fees, granting default, as
				  applicable.
Added at 24 Ok Reg 1896,
				  eff 6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-25 - Time

Current through Vol. 41, No. 20, July 1, 2024
(a)
Computation.
In computing
				any period of time prescribed or allowed by this Subchapter or by order of an
				administrative law judge made pursuant to this Subchapter, the day of the act,
				event, or default from which the designated period of time begins to run shall
				not be included. The last day of the period so computed shall be included,
				unless it is a legal holiday as defined by Section
				82.1 of Title
				25 of the Oklahoma Statutes or any other day when the offices of the Department
				do not remain open for public business until the regularly scheduled closing
				time, in which event the period runs until the end of the next day which is not
				a legal holiday or a day when the office of the Department does not remain open
				for public business until the regularly scheduled closing time. When the period
				of time prescribed or allowed is less than then (10) days, intermediate legal
				holidays and any other day when the offices of the Department does not remain
				open for public business until the regularly scheduled closing time, shall be
				excluded from the computation. The assigned administrative law judge may at any
				time in its discretion alter any period of prescribed or allowed time with
				prior notice to the parties.
(b)
Use of Mail.
When a party has the right or is required to do some
				act within a prescribed period after the service of a notice or other paper
				upon the party and the notice or paper is served upon the party by mail or
				third-party commercial carrier or like means, three (3) days shall be added to
				the prescribed period.
Added at 27 Ok Reg 2496,
				  eff 7-25-10
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-26 - Protective orders

Current through Vol. 41, No. 20, July 1, 2024
At the time that a matter has been filed with the Office of
				  Administrative Hearings all personal health information of any party or witness
				  that comes into the possession of a party to pending matter is subject to an
				  automatic protective order. The automatic protective order generally limits any
				  party in possession of such information from publishing the information to any
				  third party without first making application to the assigned administrative law
				  judge supported by good cause. Third parties shall not include any person
				  employed or affiliated with an attorney or his office who is representing a
				  party to the individual proceeding.
Added at 27 Ok Reg 2496,
				  eff 7-25-10
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-29 - Reconsideration of long-standing interpretations by the Department and final orders

Current through Vol. 41, No. 20, July 1, 2024
(a)
Long-standing interpretations.
If the Department certifies that an
				interlocutory decision made by an assigned administrative law judge reverses or
				materially alters a long-standing interpretation of a rule or statute that is
				within the administrative or regulatory purview of the Department and that such
				interpretation would materially affect the outcome of a proceeding, upon
				request by the Department, the administrative law judge shall grant the
				Department an evidentiary hearing to demonstrate the longevity and
				appropriateness of the long-standing interpretation before pronouncing the
				interlocutory decision. The interlocutory decision shall uphold the
				Department's long-standing interpretation if the Department successfully
				demonstrates that the interpretation has been adhered to for at least the last
				five (5) years, or since the statute or rule was passed or last amended if less
				than five (5) years since enactment, and that the Department's interpretation
				is reasonably based upon the language of the statute or rule at issue. Each
				party may file a Memorandum of Law not to exceed five (5) pages in length
				regarding the matter in dispute within five (5) days of the assigned
				administrative law judge's initial, disputed ruling. The Memoranda shall be
				submitted simultaneously and no reply or response will be permitted. The
				administrative law judge shall render a decision on the matter within five (5)
				days of submission of the Memoranda or the evidentiary hearing, whichever is
				later.
(b)
Final
				decisions.
If the Department is aggrieved by a final agency order the
				Department may request reconsideration of the decision to the Commissioner of
				Health. The Commissioner of Health, or his designee, shall receive an
				Application for Reconsideration with a brief in support that complies with
				section
				310:2-21-17
				within ten (10) days of the entry of the final agency order. Any party opposing
				the application may file a response and brief in support that complies with
				section
				310:2-21-17
				within ten (10) days of the date the application is filed. The grounds for such
				application shall be governed by 75 O.S. §
									317.
				The Commissioner of Health may hold a hearing on the matter and shall render a
				decision on the application within twenty (20) days of its submission and the
				decision rendered by the Commissioner of Health shall be considered the final
				agency order in the proceeding before the Department.
Added at 27 Ok Reg 2496,
				  eff 7-25-10
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-30 - Requirements of parties filing petitions for judicial review

Current through Vol. 41, No. 20, July 1, 2024
Any party appealing a final agency decision of an
				  administrative law judge or the Commissioner of Health must promptly file a
				  file-stamped copy of the Petition For Judicial Review or other document
				  initiating appellate review with the Hearing Clerk of the Office of
				  Administrative Hearings in order to provide sufficient notice to prepare and
				  transfer the record to the reviewing court in compliance with 75 O.S. §
									320.
				  Any party may submit by electronic means in PDF compatible format to the Office
				  of Administrative Hearings and the opposing counsel a suggested Index of Record
				  of Proceedings to be used by the Hearing Clerk in preparing the record for
				  transmittal to the district court. If part of the administrative record is
				  subject to a protective order, or includes a stipulation by the parties to
				  limit the administrative record for purposes of judicial review, the suggested
				  Index of Record must specifically describe any part of the record subject to
				  the protective order or to the stipulation. Electronic recordings of an
				  individual proceeding will be submitted to the reviewing court without
				  transcription, unless otherwise required by the reviewing court; in such case,
				  the expense of transcription shall be taxed and assessed pursuant to Article II
				  of the Oklahoma Administrative Procedures Act.
Added at 27 Ok Reg 2496,
				  eff 7-25-10
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 23 - Requests for Declaratory Relief and Rulemaking › Section 310:2-23-1 - Purpose and scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter shall govern the procedure for requesting
				  declaratory relief or rulemaking action by the Department. These rules are
				  promulgated to provide due process to parties appearing before the Department
				  and are not to be construed inconsistently with the Oklahoma Administrative
				  Procedures Act. The assigned administrative law judge has the discretion to
				  waive, supplement or modify any requirement of the applicable law or rule of
				  procedure where permitted by law and when the administration of justice
				  requires.
Reserved at 24 Ok Reg
				  1896, eff 6-25-07; Added at 27 Ok Reg 2496, eff
				  7-25-10
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 23 - Requests for Declaratory Relief and Rulemaking › Section 310:2-23-2 - Rules of procedure generally applicable

Current through Vol. 41, No. 20, July 1, 2024
Unless expressly provided otherwise in this Subchapter, the
				  rules of procedure set forth in Subchapter 21 shall be generally applicable to
				  all actions before the Department where declaratory relief has been
				  requested.
Added at 27 Ok Reg 2496,
				  eff 7-25-10
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 23 - Requests for Declaratory Relief and Rulemaking › Section 310:2-23-3 - Initiating a proceeding for declaratory ruling

Current through Vol. 41, No. 20, July 1, 2024
Proceedings for declaratory ruling upon the applicability of
				  any rule or order of the agency may be initiated before the Department by
				  filing with the Office of Administrative Hearings a Petition which seeks relief
				  authorized by 75 O.S. §
									307.
				  Each petition shall be styled "In re the request of __________, Petitioner, for
				  a declaratory ruling." The person or entity filing the Petition shall be
				  denominated the Petitioner and the Department shall be denominated the
				  Respondent. The petition shall include a statement of the legal authority and
				  jurisdiction under which the proceeding is to be held, a reference to the
				  particular sections of the rules or orders involved, a short and plain
				  statement of the matters asserted giving a right to relief and the relief
				  requested.
Added at 27 Ok Reg 2496,
				  eff 7-25-10
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 23 - Requests for Declaratory Relief and Rulemaking › Section 310:2-23-4 - Initiating a proceeding seeking rulemaking

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
Proceedings seeking
				rulemaking by the Department may be initiated before the Department by filing
				with the Office of Administrative Hearings a Petition which seeks relief
				authorized by 75 O.S. §
									305.
				Each petition shall be styled "In re the request of __________, Petitioner, for
				adoption, amendment or repeal of a rule." The person or entity filing the
				Petition shall be denominated the Petitioner and the Department shall be
				denominated the Respondent.
(b)
Contents of the petition.
The petition shall include a statement
				of the legal authority and jurisdiction under which the proceeding is to be
				held, a reference to the particular sections of the statutes and rules
				involved, a short and plain statement of the rule language the Petitioner seeks
				to add, amend or delete.
(c)
Emergency rulemaking.
A petition seeking or requesting an
				emergency rule must include a separate statement describing the circumstances
				or conditions constituting an imminent peril threatening the preservation of
				the public health, safety, or welfare, or a compelling public interest
				requiring the adoption of an emergency rule, or the amendment or repeal of an
				existing rule.
(d)
Notice of
				hearing.
If the Department determines that the petitioner's request will
				proceed to hearing notice shall be issued to the petitioner and any other
				person who may have requested notice regarding said petition.
(e)
Denial.
If the
				Department fails to initiate rulemaking proceedings in accordance with the
				Oklahoma Administrative Procedures Act within thirty (30) calendar days after
				the filing of a petition, the petition shall be deemed to have been
				denied.
[75 O.S. §
									305.]
Added at 27 Ok Reg 2496,
				  eff 7-25-10
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 25 - Discovery › Section 310:2-25-1 - Purpose and scope

Current through Vol. 41, No. 20, July 1, 2024
(a) This Subchapter
				shall govern the procedure for discovery in matters before the Department to
				provide for the just, speedy and inexpensive determination of actions. Each
				party shall participate in the discovery process, to the maximum extent
				possible, without intervention by the Office of Administrative Hearings. If a
				dispute over discovery should arise between the parties, the parties shall in
				good faith attempt to resolve their differences informally, without resort to
				motion or request filed with the Department. Subsequent to such attempt, any
				request or motion to compel discovery must be accompanied by a verified
				affidavit from the party seeking discovery, stating that informal conference
				did not resolve the dispute, and the reasons why such resolution was not
				achieved.
(b) Discovery may be
				obtained by interrogatories (written questions), requests for production of
				documents or entry on land for inspection and other purposes, requests for
				admission, and depositions. Discovery may be obtained on any matter, not
				privileged, which is relevant to the subject matter involved in the pending
				case, and which is reasonably calculated to lead to the disclosure of
				admissible evidence. It is not a ground for objection that an answer relates to
				an ultimate fact in the case or the application of law to fact.
(c) A request, response or objection to
				discovery shall be signed by the party or the party's attorney. A party
				responding to a request that was complete when it was made shall supplement the
				response if and when it is discovered that the response was incorrect when
				made, or that the response is no longer true.
(d) An evasive or incomplete answer to a
				discovery request may be treated as a failure to answer. If a party or his or
				her attorney knowingly fails to obey an order to provide or permit discovery,
				the assigned administrative law judge may issue such order(s) which are just
				and will remediate the failure to obey, including an order that the party or
				other person failing to act pay reasonable discovery fees and costs, including
				attorney fees. Failure to act as described in this section may not be excused
				on the ground that the discovery sought was objectionable.
Added at 24 Ok Reg 1896,
				  eff 6-25-07; Amended at 27 Ok Reg 2496, eff
				  7-25-10
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 25 - Discovery › Section 310:2-25-2 - Commencing discovery; time for completion

Current through Vol. 41, No. 20, July 1, 2024
(a) The parties may begin discovery at any
				time after a scheduling order has been entered in the case; or, if no
				scheduling order is entered, discovery may begin once the matter has been set
				for hearing on the merits.
(b)
				Discovery shall be completed in accordance with the scheduling order entered in
				the case. If no scheduling order is entered, the parties shall complete their
				discovery on or before the date of the pre-hearing conference. If no
				pre-hearing conference is ordered, discovery shall be completed at least ten
				(10) days prior to hearing on the merits.
Added at 24 Ok Reg 1896,
				  eff 6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 25 - Discovery › Section 310:2-25-3 - Discovery conference

Current through Vol. 41, No. 20, July 1, 2024
A discovery conference may be ordered and conducted by the
				  assigned administrative law judge or the Chief Administrative Law Judge.
				  Special protective orders may be entered if deemed advisable, which may limit
				  the information sought and/or the manner in which it will be
				  provided.
Added at 24 Ok Reg 1896,
				  eff 6-25-07; Amended at 27 Ok Reg 2496, eff
				  7-25-10
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 25 - Discovery › Section 310:2-25-5 - Enforcement of discovery rules and orders

Current through Vol. 41, No. 20, July 1, 2024
The sanctions available in OAC
				  310:2-21-24
				  are applicable to this Subchapter, and failure or refusal to comply with a
				  discovery order may result in the imposition of one or more sanctions against
				  the offending party. In addition, the Department may seek enforcement by
				  District Court order if deemed necessary for the proper and just disposition of
				  the case.
Added at 24 Ok Reg 1896,
				  eff 6-25-07; Amended at 27 Ok Reg 2496, eff
				  7-25-10
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 25 - Discovery › Section 310:2-25-6 - Time

Current through Vol. 41, No. 20, July 1, 2024
Unless expressly provided otherwise in this Subchapter, the
				  computation of time provisions in OAC
				  310:2-21-25 are applicable
				  to this Subchapter.
Added at 27 Ok Reg 2496,
				  eff 7-25-10
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 25 - Discovery › Section 310:2-25-7 - Protected health information

Current through Vol. 41, No. 20, July 1, 2024
Discovery requests for medical records or other records
				  containing protected health information of a party or a person who is not a
				  party to a proceeding, shall be subject to the following requirements:
(1) Information contained in party's medical
				records shall be disclosed only to counsel of record in this action or only to
				individuals certified by such counsel as employed by or assisting counsel in
				preparation for, or at the trial of this action. For the purposes of compliance
				with this rule, medical records shall mean any note, memorandum, or any other
				form of information, including information in electronic form, that is covered
				by the HIPAA Privacy Rule, 45 CFR § 164.xx, et seq.
(2) Any such documents or information
				obtained shall be used only for the purpose of litigation before the Department
				in the case in which the information was collected.
(3) The production of such documents or
				information concerning a resident's medical records shall not constitute a
				waiver of any privilege or other claim or right of withholding or
				confidentiality which resident may have.
(4) It shall be the responsibility of the
				parties to maintain all confidential information in a secure place designed to
				prevent any third party from access.
(5) Copies of all documents containing such
				information should reflect that they are protected, privileged or confidential
				within the spirit of this Order, including any portion of a hearing transcript,
				exhibit, brief or other document containing such information, and shall be
				filed and transmitted using sealed envelopes or other appropriate containers
				clearly marked as being confidential and protected.
(6) To the extent possible, all pleadings and
				other documents used in an administrative hearing shall be redacted to exclude
				the name of a patient. For the purpose of clarity in hearings, parties may file
				a letter with the Office of Administrative Hearings identifying any redacted
				party. Upon conclusion of the case, the letter shall be placed in a sealed
				envelope and kept with the tribunal file.
Added at 27 Ok Reg 2496,
				  eff 7-25-10
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 27 - Contracts With Charitable Health Care Providers › Section 310:2-27-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this Subchapter are adopted to implement Senate
				  Bill 930, Oklahoma Sessions 2007, for the administration of contracts between
				  charitable health care providers and the Oklahoma State Department of Health or
				  a city-county health department for the benefit of Oklahoma residents who are
				  medically indigent. These rules establish eligibility criteria for charitable
				  health care providers and medically indigent persons, procedures for entering
				  into and revoking contracts between the Oklahoma State Department of Health or
				  a city-county health department and a charitable health care provider and
				  responsibilities and obligations pursuant to such contracts.
Added at 25 Ok Reg 507,
				  eff 12-04-07 (emergency); Added at 25 Ok Reg 2387, eff
				  7-11-08
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 27 - Contracts With Charitable Health Care Providers › Section 310:2-27-3 - Contingency

Current through Vol. 41, No. 20, July 1, 2024
The execution or continuation of a contract between a
				  contracting agency and a charitable health care provider, as defined within and
				  provided for in this subchapter, is contingent upon funding being available to
				  the contracting agency for this purpose, and nothing within this subchapter
				  shall be construed to grant to a charitable health care provider any greater
				  rights than those otherwise provided by law.
Added at 25 Ok Reg 507,
				  eff 12-04-07 (emergency); Added at 25 Ok Reg 2387, eff
				  7-11-08
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 27 - Contracts With Charitable Health Care Providers › Section 310:2-27-4 - Application to contract as a charitable health care provider

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department shall develop and provide
				an application form for a person to use when applying with a contracting agency
				to enter into a charitable provider contract.
(b) A person may apply to enter into a
				charitable provider contract as a charitable health care provider if such
				applicant:
(1) is licensed, certified, or
				otherwise authorized by the laws of Oklahoma to administer, in the ordinary
				course of business or in the practice of a profession, the health care that is
				the subject of the charitable health care contract;
(2) will provide health care to the medically
				indigent, as defined in section
				310:2-27-2; and
(3) submits a complete application to a
				contracting agency requesting to enter into a charitable provider contract, and
				the application must include:
(A) the scope
				of service the applicant will provide to the medically indigent; and
(B) the applicant's claims history for the
				last ten (10) years.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 27 - Contracts With Charitable Health Care Providers › Section 310:2-27-5 - Charitable provider responsibilities

Current through Vol. 41, No. 20, July 1, 2024
(a)
				The charitable provider is responsible for determining the patient is medically
				indigent before providing health care services by confirming that the person
				seeking services has:
(1) no health
				insurance;
(2) not been informed
				that he or she is Medicaideligible; and
(3) insufficient income to pay for the needed
				health care services.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 27 - Contracts With Charitable Health Care Providers › Section 310:2-27-6 - Termination or rescission of charitable health care contracts

Current through Vol. 41, No. 20, July 1, 2024
(a) Charitable health care contracts may be
				terminated or rescinded by the Department in the event of noncompliance with
				any provision of the charitable provider contract or this subchapter or the
				unavailability of funding for such contracts. Before terminating or rescinding
				a contract, the Department will give the charitable health care provider thirty
				(30) days written notice and request information as to why the charitable
				health care contract should not be terminated or rescinded.
(b) Upon completing the review of any
				information submitted in re-consideration of terminating or rescinding the
				charitable provider contract, the Department will provide the charitable health
				care provider its decision in writing. This final decision is not
				appealable.
Added at 25 Ok Reg 507,
				  eff 12-04-07 (emergency); Added at 25 Ok Reg 2387, eff
				  7-11-08
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 29 - Criminal History Background Checks › Section 310:2-29-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
These rules implement the Long Term Care Security Act as
				  established at Title 63 O.S. Section
				  1-1944 et
				  seq., as amended, and eligibility appellate procedures for those Chapters under
				  Title 310, which provide for denials of eligibility for a license,
				  certification, or permit based on criminal history.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 29 - Criminal History Background Checks › Section 310:2-29-3 - Implementation

Current through Vol. 41, No. 20, July 1, 2024
(a)
Authority.
Title 63 O.S.
				Section
				1-1947(Y)
				authorized the Department to establish through rulemaking the effective dates
				of subsections D through V of Section 1-1945 of Long Term Care Security Act, by
				category of employer.
(b)
Effective dates.
The effective dates for subsections D through V
				of Section 1-1947 (relating to screening and fingerprint based background
				checks) are defined below.
(1) For the
				following, compliance may begin February 1, 2014, but shall be required no
				later than March 1, 2014:
(A) Adult Day Care
				Centers as defined by Section
				1-872 of
				Title 63 of the Oklahoma Statutes; and
(B) Residential care homes as defined by
				Section 1-820 Title 63 of the Oklahoma Statutes.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 29 - Criminal History Background Checks › Section 310:2-29-5 - Appeals

Current through Vol. 41, No. 20, July 1, 2024
(a)
Notice.
A determination by
				the Department that finds an applicant not eligible for a license,
				certification, permit or employment will result in a notice to the applicant to
				include the reasons why the applicant is not eligible for license,
				certification, permit or employment and a statement that the applicant has a
				right to appeal the decision made by the Department regarding the eligibility.
				The notice shall also include information regarding where to file and describe
				the appellate procedures.
(b)
Days to initiate an appeal.
(1)
				Pursuant to Title 63 O.S. 1-1947(T)(1), any individual who has been
				disqualified from or denied employment by an employer pursuant to Title 63 O.S.
				Section
				1-1947
				may file an appeal with the Department within thirty (30) days of the receipt
				of the notice of disqualification. An applicant under 63 O.S. 1-1947(T)(1) may
				receive an extension of the thirty (30) days allowed to appeal where good cause
				is shown.
(2) An individual who has
				been found not eligible for a license, certification, or permit based on their
				criminal history may file an appeal with the Department at any time following
				receipt of the notice of disqualification.
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 310:2-31-1 - General purpose

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma State Department of Health (OSDH) Institutional
				  Review Board (IRB) has been established to comply with federal regulations to
				  protect the rights and welfare of human research participants in accordance
				  with Title 45 of the Code of Federal Regulations Part 46 ( 45 C.F.R. Part 46 ).
				  The OSDH IRB has the responsibility to assure that the risks of proposed
				  research are justified by the potential benefits to the participants and to
				  society, and that risks are minimized to the extent possible consistent with
				  sound research design. The OSDH IRB must assure that the risks of research do
				  not fall disproportionately on one group while the potential benefits accrue to
				  another.
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 310:2-31-2 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This subchapter applies to all individuals at the OSDH
				  engaged in research involving human subjects. The Commissioner retains final
				  authority to determine whether a particular activity is subject to this policy.
				  This subchapter applies to any person paid by, under the control of, or
				  affiliated with the OSDH, such as scientists, trainees, technicians and other
				  staff members, students, fellows, guest researchers, or collaborators at OSDH.
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 310:2-31-4 - Incorporations by reference

Current through Vol. 41, No. 20, July 1, 2024
(a) This
				subchapter hereby incorporates by reference Part 46 of Title 45 of the Code of
				Federal Regulations (45 C.F.R. Part 46) as if fully set forth herein.
(b) This subchapter hereby incorporates by
				reference Part 50 and 93 of Title 42 of the Code of Federal Regulations (42
				C.F.R. Parts 50 and 93) as if fully set forth herein.
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 310:2-31-5 - Conditions of Federalwide Assurance

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				conditions of the Federalwide Assurance apply whenever:
(1) the OSDH IRB provides review and
				oversight of federally- supported human subject research, regardless of where
				the research takes place or by whom it is conducted; or
(2) the OSDH becomes engaged in federally
				supported human subject research.
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 310:2-31-6 - Authority of IRB

Current through Vol. 41, No. 20, July 1, 2024
(a) All human
				subject research will be reviewed, prospectively approved, and subject to
				continuing oversight by the OSDH IRB.
(b) The OSDH IRB will have authority to
				approve, require modifications in, disapprove, suspend or terminate the covered
				human subject research.
(c) The
				OSDH IRB will maintain IRB registration under the Office of Human Research
				Protections (OHRP) to permit the review of federally funded research.
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 310:2-31-7 - IRB procedures

Current through Vol. 41, No. 20, July 1, 2024
(a) All approved
				IRB research projects, whether approved by OSDH IRB or an external IRB, are
				subject to a review by OSDH Data Use Review Committee (DURC) to ensure release
				of OSDH data is allowable, limited to, and meets the statutory provisions
				pertaining to public health data sharing. Release of data will be dependent on
				the DURC's findings.
(b) The OSDH
				and the OSDH IRB will established written procedures to ensure conformity with
				the requirements of 45 C.F.R. Part 46 .
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 310:2-31-8 - Training

Current through Vol. 41, No. 20, July 1, 2024
The OSDH IRB will ensure the existence of adequate education
				  and oversight mechanisms (appropriate to the nature and volume of the research
				  being conducted) to verify that research investigators, IRB members and staff,
				  and other relevant personnel maintain continuing knowledge of, and comply with,
				  relevant Federal regulations, OHRP guidance, other applicable guidance, state
				  and local law, and IRB determinations and policies for the protection of human
				  subjects.
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 310:2-31-10 - Institutional support of the IRB

Current through Vol. 41, No. 20, July 1, 2024
The institution will provide the OSDH IRB with resources,
				  professional staff, and support staff sufficient to carry out their
				  responsibilities efficiently and effectively.
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 310:2-31-12 - Usage of procedures for allegation of possible misconduct in science

Current through Vol. 41, No. 20, July 1, 2024
This section establishes procedure that will be followed
				  when an allegation of possible misconduct in science is received by an OSDH
				  official. Procedures will be in accordance with 42 C.F.R. Part 93 and are
				  subject to Office of Research Integrity (ORI) approval. Particular
				  circumstances in an individual case may dictate variation from this procedure
				  deemed in the best interests of OSDH and U.S. Public Health Service (PHS). Any
				  change from these procedures also must ensure fair treatment to the subject of
				  the inquiry or investigation. The Commissioner should approve any significant
				  variation in advance.
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 310:2-31-13 - Research Integrity Officer (RIO)

Current through Vol. 41, No. 20, July 1, 2024
(a)
				The Commissioner will appoint the Research Integrity Officer (RIO) who will
				have primary responsibility for implementation of these procedures. The RIO
				Officer will be an OSDH employee who is well qualified to handle the procedural
				requirements involved and is sensitive to the varied demands made on those who
				conduct research, those who are accused of misconduct, and those who report
				apparent misconduct in good faith.
(b) The RIO will appoint the inquiry and
				investigation committees and ensure that necessary and appropriate expertise is
				secured to carry out a thorough and authoritative evaluation of the relevant
				evidence in an inquiry or investigation. The RIO will do everything possible to
				ensure that confidentiality is maintained.
(c) The RIO will assist inquiry and
				investigation committees and all employees in complying with these procedures
				and with applicable standards imposed by government or external funding
				sources. The RIO shall maintain files of all documents and evidence.
(d) The RIO reports to ORI will keep ORI
				apprised of any developments during the course of the inquiry or investigation
				that may affect current or potential Department of Health and Human Services
				(DHHS) funding for the individual(s) under investigation or that PHS needs to
				know to ensure appropriate use of federal funds and otherwise protect the
				public interest.
(e) The RIO has
				the responsibility under 42 C.F.R. Part 50 and 93 for the completion and
				submission of the institution's annual report to the federal ORI.
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 310:2-31-14 - Whistleblower

Current through Vol. 41, No. 20, July 1, 2024
(a) The whistleblower will have the
				opportunity to:
(1) Testify before the
				committees;
(2) Review portions of
				the reports pertinent to his/her allegations or testimony;
(3) Be informed of the results of the inquiry
				and investigation;
(4) Be protected
				from retaliation.
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 310:2-31-15 - Respondent

Current through Vol. 41, No. 20, July 1, 2024
(a) The respondent will:
(1) Be informed of the allegations when an
				inquiry is opened;
(2) Be notified
				in writing of the final determinations and resulting actions:
(3) Be interviewed by and present evidence to
				the inquiry and investigation committees;
(4) Review the draft inquiry and
				investigation reports:
(5) Have the
				right to advice of counsel or a non-lawyer personal advisor (who is not a
				principal or witness in the case) to seek advice and may bring the counsel or
				personal advisor to interviews or meetings on the case.
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 310:2-31-16 - Deciding official

Current through Vol. 41, No. 20, July 1, 2024
The Deciding Official (DO) will be appointed by the
				  Commissioner and will receive the inquiry and/or investigation report and any
				  written comments made by the respondent or the whistleblower on the draft
				  report. The DO will consult with the RIO or other appropriate officials and
				  will determine whether to conduct an investigation, whether misconduct
				  occurred, whether to impose sanctions, or whether to take other appropriate
				  administrative actions.
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 310:2-31-17 - Responsibility to report misconduct

Current through Vol. 41, No. 20, July 1, 2024
All employees or individuals associated with OSDH should
				  report observed, suspected, or apparent misconduct in science to the RIO. If an
				  individual is unsure whether a suspected incident falls within the definition
				  of scientific misconduct, he or she may call the RIO to discuss the suspected
				  misconduct informally. If the circumstances described by the individual do not
				  meet the definition of scientific misconduct, the RIO will refer the individual
				  or allegation to other offices or officials with responsibility for resolving
				  the problem. At any time, an employee may have confidential discussions and
				  consultations about concerns of possible misconduct with the RIO and will be
				  counseled about appropriate procedures for reporting
				  allegations.
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 310:2-31-18 - Protecting the whistleblower

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				RIO will monitor the treatment of individuals who bring allegations of
				misconduct or of inadequate institutional response, and those who cooperate in
				inquiries or investigations.
(b)
				The RIO will ensure that these persons will not be retaliated against in the
				terms and conditions of their employment or other status at the institution and
				will review instances of alleged retaliation for appropriate action. A
				grievance may be filed by the RIO for the whistleblower or the whistleblower
				may file for him or herself.
(c)
				Employees should immediately report any alleged or apparent retaliation
				RIO.
(d) OSDH shall protect the
				privacy, positions and reputations of those who report misconduct in good faith
				to the maximum extent possible. The whistleblower will be advised that if the
				matter is referred to an investigation committee and the whistleblower's
				testimony is required, anonymity may no longer be guaranteed.
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 310:2-31-19 - Protecting the respondent

Current through Vol. 41, No. 20, July 1, 2024
Inquiries and investigations will be conducted in a manner
				  that will ensure fair treatment to the respondent(s) in the inquiry or
				  investigation and confidentiality to the extent possible without compromising
				  public health and safety or thoroughly carrying out the inquiry or
				  investigation.
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 310:2-31-20 - Cooperation with inquiries and investigations

Current through Vol. 41, No. 20, July 1, 2024
OSDH employees will cooperate with the RIO and other OSDH
				  officials in the review of allegations and the conduct of inquiries and
				  investigations. Employees have an obligation to provide relevant evidence to
				  the RIO or other OSDH officials on misconduct allegations.
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 310:2-31-21 - Preliminary assessment of allegations

Current through Vol. 41, No. 20, July 1, 2024
Upon receiving an allegation of scientific misconduct, the
				  RIO will immediately assess the allegation to determine whether there is
				  sufficient evidence to warrant an inquiry, whether PHS support or PHS
				  applications for funding are involved, and whether the allegation falls under
				  the PHS definition of scientific misconduct.
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 310:2-31-22 - Conducting the inquiry

Current through Vol. 41, No. 20, July 1, 2024
(a)
Initiation and purpose of the inquiry.
If the RIO determines that
				the allegation provides sufficient information, involves PHS support, and is
				within the PHS definition of scientific misconduct, they will immediately
				initiate the inquiry process. The RIO should identify the original allegation
				and any related issues that should be evaluated in the initial inquiry. The
				purpose of the inquiry is to make a preliminary evaluation of the available
				evidence and testimony of the respondent, whistleblower, and key witnesses to
				determine whether there is sufficient evidence of possible scientific
				misconduct to warrant an investigation. The findings of the inquiry will be
				documented in an inquiry report.
(b)
Sequestration of the research
				records.
After determining that an allegation falls within the
				definition of misconduct in science and involves PHS funding, the RIO must
				ensure that all original research records and materials relevant to the
				allegation are immediately secured.
(c)
Appointment of the inquiry
				committee.
(1) The RIO will appoint an
				inquiry committee and committee chair within ten (10 days) days of the
				initiation of the inquiry. The inquiry committee will consist of individuals
				who:
(A) Do not have real or apparent
				conflicts of interest in the case;
(B) Are unbiased; and
(C) Have the necessary expertise to evaluate
				the evidence and issues related to the allegation.
(D) May be scientists, subject matter
				experts, administrators, lawyers, or other qualified persons, and they may be
				from inside or outside the institution.