reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 670 - City and County Detention Facility Standards › Subchapter 1 - General Provisions › Section 310:670-1-4 - Holding facilities exempt

Current through Vol. 41, No. 20, July 1, 2024
Pursuant to Title 74 O.S. §
									192(B),
				  a holding facility is not required to meet the standards for detention
				  facilities,
as long as no person is held therein for a period longer
				  than twelve (12) hours and as long as an employee of the county, city, or town
				  is available to render aid to or to release any person so confined in the event
				  aid or release is required because of a health or life-endangering
				  emergency
.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 670 - City and County Detention Facility Standards › Subchapter 1 - General Provisions › Section 310:670-1-5 - Policies and procedures

Current through Vol. 41, No. 20, July 1, 2024
Where this Chapter specifies that the facility shall develop
				  a policy and procedure, the following standards shall apply.
(1) A policy may include a procedure. A
				procedure may represent policy.
(2)
				Policies and/or procedures developed based on requirements in this Chapter
				shall identify the following:
(A) The rule or
				law addressed by the policy and procedure;
(B) The position(s) or personnel responsible
				for implementation and oversight of the policy and procedure;
(C) The actions to be taken or procedures to
				be followed by facility personnel. This is the who, what, where, and when of
				the procedure;
(D) The position(s)
				or personnel responsible for reviewing the policy and procedure;
(E) A schedule for reviewing the policy that
				identifies the frequency at which the policy and procedure will be reviewed;
				and
(F) A signature page to capture
				the signature and date that the responsible official adopted the policy and/or
				procedure and the dates that review of the policy and/or procedure were
				completed.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 670 - City and County Detention Facility Standards › Subchapter 3 - Standards for Lockup Facilities › Section 310:670-3-1 - Basic standards

Current through Vol. 41, No. 20, July 1, 2024
The facility administrator shall develop and implement
				  written policies and procedures for the operation of a lockup facility which
				  shall include and address at a minimum, the following:
(1) Arrest and commitment papers shall be
				verified.
(2) An inmate shall be
				searched during admission.
(3) An
				inmate's property shall be inventoried and property shall be stored in a secure
				location.
(4) Medical reception
				information shall be recorded in the inmate file and shall include, at a
				minimum, the following information:
(A)
				Current illnesses and health problems;
(B) Behavioral observation, including state
				of consciousness and mental status, history of alcohol or drug abuse and
				treatment;
(C) Body deformities and
				trauma markings such as bruises, lesions, jaundice, and ease of body
				movement;
(D) Condition of skin and
				visible body orifices, including infestations;
(E) Medications taken and any special health
				requirements;
(F) Whether the
				inmate is thinking about suicide or has recently attempted suicide; and
(G) Disposition or referral of the
				inmate to qualified medical personnel on an emergency basis [57 O.S. §
				4.1(3)].
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 670 - City and County Detention Facility Standards › Subchapter 5 - Standards for Detention Facilities › Section 310:670-5-1 - Admission, release and records

Current through Vol. 41, No. 20, July 1, 2024
The following admission and release procedures shall be
				  followed. A facility shall have written policies and procedures for the
				  reception, orientation and release of inmates.
(1) The admission process of new inmates
				shall include at least the following:
(A)
				Verification of arrest or commitment papers;
(B) A search of the individual upon entering
				the facility and a complete bodily search of the individual may be authorized
				prior to entering the general population;
(C) Intake screening by trained facility
				personnel utilizing, in part, a medical/mental health questionnaire approved by
				the Department of Health, or a screening conducted by a physician or other
				licensed medical personnel;
(D)
				Procedures to ensure orientation and understanding of facility rules;
(E) Issue bedding, clothing, and
				footwear; and
(F) Classification
				and assignment to a housing unit.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 670 - City and County Detention Facility Standards › Subchapter 5 - Standards for Detention Facilities › Section 310:670-5-3 - Supervision of inmates

Current through Vol. 41, No. 20, July 1, 2024
(a) The movement
				of inmates from one location to another shall be controlled and supervised by
				staff.
(b) Staff shall provide
				twenty-four (24) hour supervision of inmates.
(c) Detention Officer posts shall be located
				and staffed to monitor all inmate activity either physically or electronically
				and close enough to the living areas to respond immediately to calls for
				assistance, and respond to emergency situations. A Detention Officer shall be
				on duty at all times at each location where inmates are confined or the
				observation shall be conducted by closed circuit TV. The location shall be
				equipped with an intercommunication system that terminates in a location that
				is staffed twenty-four (24) hours a day and is capable of providing an
				emergency response.
(d) There shall
				be sufficient staff to perform all assigned functions relating to security,
				custody and supervision of inmates. Staff assignments shall provide for backup
				assistance for all employees entering locations where inmates are confined.
(1) Any city jail or county detention
				facility which housesforty (40) inmates or less shall be staffed consistent
				with the requirements at Title 74 O.S. §
										192(C).
(2) Any city jail or county detention
				facility
which houses more than forty prisoners and less than
				seventy-five prisoners
shall be staffed consistent with the
				requirements at Title 74 O.S. §
										192(D).
(3) Facilities which house seventy-five
				inmates or more shall have on site one (1) dispatcher or control center
				operator and a minimum of two (2) Detention Officers on the
				premises.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 670 - City and County Detention Facility Standards › Subchapter 5 - Standards for Detention Facilities › Section 310:670-5-4 - Inmate rules, discipline and grievances

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Written facility rules shall list all chargeable offenses, and the range of
				sanctions and disciplinary procedures to be followed and shall be made
				available to inmates. A rule book that contains all chargeable offenses, range
				of sanctions, and disciplinary procedures is provided to each inmate upon
				booking and is translated into those languages spoken by the significant number
				of inmates. When a literacy or language problem prevents an inmate from
				understanding the rule book, a staff member shall assist the inmate.
(b) All persons who deal with inmates shall
				be familiar with the rules of inmate conduct, and the approved sanctions. To
				prevent discrepancies among staff in interpretations, in-service training shall
				be conducted as often as necessary by direction of the administrator.
(c) Employees shall prepare a
				disciplinary report when they have reason to believe that an inmate has
				committed a violation of rules.
(d)
				Disciplinary reports prepared by staff shall include at least the following:
(1) Specific rules violated;
(2) A formal statement of the
				charge;
(3) Any unusual inmate
				behavior;
(4) Any staff or inmate
				witness;
(5) Disposition of any
				physical evidence;
(6) Any
				immediate action taken, including the use of force; and
(7) Date and time of the report.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 670 - City and County Detention Facility Standards › Subchapter 5 - Standards for Detention Facilities › Section 310:670-5-5 - Classification and segregation

Current through Vol. 41, No. 20, July 1, 2024
The facility administrator shall develop and implement
				  written policies and procedures for the classification and segregation of
				  inmates. The classification plan shall ensure the safety of inmates and staff.
				  The following criteria shall ensure an adequate classification and
				  reclassification system.
(1) Inmates
				of opposite sex shall be housed in separated living areas. Separation shall be
				by substantial architectural arrangements which permit no sustained sight
				contact. Housing of inmates with mixed gender identification will be
				administered in a manner to maximize inmate safety.
(2) Juvenile offenders.
(A) If detention of a juvenile is authorized,
				such juveniles shall be housed completely separate from adults without
				sustained sight and sound contact. Inadvertent contact with incarcerated adults
				outside of jail living areas not dedicated for use by juvenile offenders should
				be minimized.
(B) A juvenile may be
				held for up to six (6) hours for the purpose of identification, investigation,
				processing, release to parent(s), transfer to court, or transfer to juvenile
				facility following the initial custody.
(C) A juvenile criminal-type offender may be
				securely detained in an adult jail or lockup for up to six hours immediately
				before or immediately after a court appearance, provided sight and sound
				separation is maintained. This period may be extended to twenty-four hours
				(excluding weekends and holidays) where the jurisdiction is outside the
				metropolitan statistical area where:
(i)
				state law requires an initial court appearance within twenty-four (24) hours
				after being taken into custody;
(ii) there is no acceptable alternative
				placement; and
(iii) the jail has
				been determined by the Department to provide for sight and sound
				separation.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 670 - City and County Detention Facility Standards › Subchapter 5 - Standards for Detention Facilities › Section 310:670-5-6 - Safety, sanitary and hygiene standards

Current through Vol. 41, No. 20, July 1, 2024
The administrator shall develop and implement policies and
				  procedures for the safety and maintenance of sanitation throughout the
				  facility. These shall include at least the following:
(1) The facility shall be kept in a clean
				condition consistent with the requirements in Title 57 O.S. §
									4.
(2) There shall be a housekeeping
				plan for the facility that includes a cleaning schedule with specific duties.
				Supervision of cleaning activities performed by inmates will be provided
				consistent with the facility's policy.
(3) Floors shall be kept clean, dry and free
				of hazardous substances.
(4)
				Inmates shall be provided with materials and supplies on a routine sufficient
				to maintain clean showers, washbasins and toilets.
(5) Smoking policies in city and county
				detention facilities shall conform to the requirements in Title 21 O.S. Section
				1247.
(6) Upon admission or after commitment by the
				court, each inmate shall be issued personal hygiene items to include soap,
				towel, toilet paper, toothbrush and toothpaste. Feminine hygiene articles shall
				be provided upon request. Razors are issued to each inmate consistent with
				facility policy, and collected immediately after use and disposed of or stored
				as specified by facility policy and procedures. Inmates shall not share razors.
				With the exception of toilet paper and feminine hygiene items, inmates who are
				not indigent and have funds in their inmate account may be required to purchase
				hygiene items from the detention facility.
(7) Clean bedding shall be issued to each
				inmate who is confined overnight in the facilityexcept where indicated by
				circumstances defined in the facility's policy. A standard issue of bedding
				shall include:
(A) A mattress with a
				cleanable surface; and
(B) Enough
				clean blankets consistent with existing interior weather conditions.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 670 - City and County Detention Facility Standards › Subchapter 5 - Standards for Detention Facilities › Section 310:670-5-7 - Food services and dietary requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Each inmate shall be provided at least three (3) meals each twenty-four (24)
				hours that meet the national recommended allowance for basic nutrition. At
				least two (2) hot meals shall be provided daily. There shall not be more than
				fourteen (14) hours between the breakfast and evening meals.
(b) Special diets shall be available for
				inmates with a physician's or dentist's order. The order should be supported by
				evidence of the medical condition addressed by the diet. Special diets shall be
				planned and prepared by one who is skilled in preparing special diets according
				to a physician's or dentist's order. Inmate diets are modified when ordered by
				the appropriate licensed individual to meet specific requirements related to
				clinical conditions.
(c) If it is a
				requirement of an inmate's religious beliefs that the inmate adhere to dietary
				practices, reasonable provision shall be made for such diets from meals that
				are currently being served.
(d) A
				uniform record keeping system shall be developed to record the items served for
				each meal. This record shall be maintained in a manner that is retrievable for
				review and maintained for a minimum of one month.
(e) Food shall not be used as a reward or
				disciplinary action, nor shall the menu be varied for the same reason.
(f) All meals shall be served
				under the supervision of staff. An inmate's refusal to eat as an act of
				grievance shall be documented consistent with facility policy and reported to
				jail administration on a periodic basis as established by facility policy. A
				record of the grievance and its attempted resolution should conform with the
				grievance requirements at
				310:670-5-4(g).
				The designated medical authority shall be advised of the refusal. The refusal
				to eat one meal shall not trigger the requirements in this paragraph.
(g) Any inmate assigned to food service shall
				be closely supervised and shall maintain a high degree of personal hygiene.
				Each inmate, providing food service or acting as a food employee, shall be
				instructed they are to inform the kitchen supervisor and shall not work in the
				kitchen if they are experiencing nausea, vomiting, abdominal cramps, diarrhea,
				an active respiratory infection, or fever, or have open sores on their hands or
				arms. Each inmate, providing food service or acting as a food employee, shall
				wear a hairnet or hat, beard guard, and gloves while preparing and serving
				food.
(h) Ice machines that are
				available to the inmates shall be dispenser-type.
(i) Menus shall be reviewed and approved in
				advance by a registered dietician or a request may be made to the Department of
				Health for a standardized menu.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 670 - City and County Detention Facility Standards › Subchapter 5 - Standards for Detention Facilities › Section 310:670-5-9 - Mail and visitation

Current through Vol. 41, No. 20, July 1, 2024
Written policies and procedures shall govern inmate
				  correspondenceand visitation. For the purposes of this section, correspondence,
				  mail and email shall have the same meaning. Policies and procedures shall
				  include at least the following:
(1)
				There shall be no limitations on the volume of mail an inmate may send or
				receive as long as the inmate provides postage or email access fees and the
				inmate conforms with correspondence policies. The facility shall provide
				postage or email access, one (1) time per week, for inmates who do not have
				funds for correspondence with their attorney, court officials, elected
				officials, and next of kin.
(2) The
				number of approved correspondents for an inmate shall be unlimited unless
				restrictions are imposed based on violation of the facility's correspondence
				policy. A facility shall allow inmates access to publications to the extent
				that such access is consistent with security.
(3) Prior to delivery, incoming and outgoing
				inmate mail may be subject to inspection for contraband items or violations of
				content restrictions as established in the facility's correspondence policies.
(A) Outgoing mail violating correspondence
				policies will be returned to the inmate with an explanation of the violation
				unless it is used as evidence in a court/ disciplinary hearing. The inmate may
				also be placed on a restricted correspondence list and/or be subject to
				disciplinary action.
(B) Inmate
				mail received which violates the facility's correspondence policies will be
				held for 15 days pending inmate response to a written notice of the facility's
				intent to return the correspondence. With the exception of contraband in
				violation of state or federal law, pending the outcome of any grievance
				hearing, the inmate will be notified as to his/her option for disposal by
				either having the material returned to the sender, sending the material home at
				the inmate's expense, or having the material destroyed.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 670 - City and County Detention Facility Standards › Subchapter 5 - Standards for Detention Facilities › Section 310:670-5-11 - Physical plant

Current through Vol. 41, No. 20, July 1, 2024
(a)
Existing
				facilities.
(1) The reception and
				release area shall be located inside the security perimeter, but outside the
				inmate living area. There shall be a secure weapons storage area outside of the
				custody perimeter.
(2) All cells
				and living areas shall have at least forty (40) square feet of floor space for
				the initial inmate and at least twenty (20) square feet of floor space for each
				additional inmate occupying the same cell. Double-celling of inmates is
				permitted if there is at least sixty (60) square feet of floor space for two
				(2) persons.
(3) The facility
				shall have at least one (1) special purpose cell to provide for the temporary
				detention of inmates under the influence of alcohol or dangerous substances or
				for persons who are uncontrollably violent or self-destructive. These cells
				shall be designed to prevent injury.
(4) The housing and activity areas shall
				provide, at least the following:
(A) Lighting
				of at least twenty (20) foot candles;
(B) One (1) toilet and one (1) washbasin,
				with hot and cold running water, in every cell or dormitory at a ratio of at
				least one (1) toilet and one (1) washbasin to twenty (20) inmates;
				and
(C) A shower with non-skid
				floors and with hot and cold running water, at a ratio of at least one (1)
				shower to twenty (20) inmates in the housing areas.
(5) There shall be sufficient floor drains to
				ensure a sanitary facility.
(6)
				There shall be designated and marked emergency evacuation exits that comply
				with the requirements of the Oklahoma State Fire Marshal and which permit
				prompt evacuation of inmates and staff in an emergency.
(7) A county may provide a dormitory-style
				detention facility to accommodate up to medium-security inmates. It shall be
				equipped with washbasins, toilets and showers with hot and cold running water
				at a ratio of at least one (1) washbasin, one (1) toilet and one (1) shower to
				twenty (20) inmates. A dormitory-style detention facility shall meet all
				requirements for a detention facility.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 670 - City and County Detention Facility Standards › Subchapter 7 - Standards for Detention Facilities Holding Juveniles › Section 310:670-7-2 - Certification of detention facilities holding juvenile offenders

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department will coordinate with the
				Office of Juvenile Affairs to certify detention facilities for holding juvenile
				offenders based on a facility's compliance with the rules in this Subchapter
				[10A O.S. § 2-3-103(E)].
(b)
				The designation of a detention facility as a place for the detention of
				juveniles is made from a list of eligible facilities supplied by the Department
				of Health. Eligible facilities are those facilities deemed by the Department as
				compliant with the applicable standards of this Chapter.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 670 - City and County Detention Facility Standards › Subchapter 7 - Standards for Detention Facilities Holding Juveniles › Section 310:670-7-3 - Recording and reporting the use of detention facilities to hold juvenile offenders

Current through Vol. 41, No. 20, July 1, 2024
(a) Any adult jail,
				lockup or other adult facility shall record and report, in a manner consistent
				with requirements of the Office of Juvenile Affairs, the detention of any
				person under the age of eighteen (18) [10A O.S. § 2-3-103(F)].
(b) Records of detention for persons under
				the age eighteen (18) and detained in the last year shall be subject to review
				during the Department's annual inspection.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 673 - Alzheimer's Dementia And Other Forms of Dementia Special Care Disclosure Rules › Subchapter 1 - General Provisions › Section 310:673-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Chapter provides for the disclosure of information on
				  special care provided to persons with Alzheimer's dementia and other forms of
				  dementia for entities subject to the Alzheimer's Dementia and Other Forms of
				  Dementia Special Care Disclosure Act and licensed by the Oklahoma State
				  Department of Health. This rule is authorized under the following laws: the
				  Alzheimer's Dementia and Other Forms of Dementia Special Care Disclosure Act
				  (63 O.S. Section 1-879.2a et seq.); and the Oklahoma Public Health Code (63
				  O.S. Section 1-104 et seq
Added at 16 Ok Reg 2520,
				  eff 6-25-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 673 - Alzheimer's Dementia And Other Forms of Dementia Special Care Disclosure Rules › Subchapter 1 - General Provisions › Section 310:673-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
When used in this Chapter, the following words or terms
				  shall have the following meaning unless the context of the sentence requires
				  another meaning:
"Act"
means the Alzheimer's Dementia and Other
				  Forms of Dementia Special Care Disclosure Act.
"Department"
means the Oklahoma State Department
				  of Health.
"Special care facility"
means
any
				  nursing facility, residential care facility, assisted living facility, adult
				  day care center, continuum of care facility, or special care facility that
				  publicly advertises, intentionally markets, or otherwise engages in promotional
				  campaigns for the purpose of communicating that said facility offers care or
				  treatment methods within the facility that distinguish it as being especially
				  applicable to or suitable to persons with Alzheimer's dementia or other forms
				  of dementia.
[63:1-879.2c].
Added at 16 Ok Reg 2520,
				  eff 6-25-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 673 - Alzheimer's Dementia And Other Forms of Dementia Special Care Disclosure Rules › Subchapter 3 - Standardized Disclosures and Reviews › Section 310:673-3-1 - Disclosure and posting requirement

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Before entering an agreement to offer care or services as a special care
				provider, each provider shall submit a standardized disclosure form with the
				Department.
(b) When there is any
				change in the information on file with the department, an updated form shall be
				submitted to the department at the time the change is made.
(c) During regular inspections by the
				Department, the facility shall provide a current disclosure form for the
				Department to verify if the form is current and the services are provided to
				residents as described in the form.
(d) A current form shall be posted on the
				facility's website.
Added at 16 Ok Reg 2520,
				  eff 6-25-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 673 - Alzheimer's Dementia And Other Forms of Dementia Special Care Disclosure Rules › Subchapter 3 - Standardized Disclosures and Reviews › Section 310:673-3-2 - Description of standardized disclosure form

Current through Vol. 41, No. 20, July 1, 2024
The standardized disclosure form requires the
				  following:
(1)
A written
				description of the special care unit, program, or facility's overall philosophy
				and mission as it relates to the needs of residents with Alzheimer's dementia
				or other forms of dementia;
(2)
The process and criteria for
				placement in, or transfer or discharge from, the unit, program, or
				facility;
(3)
The
				process used for assessment, establishment, and implementation of a resident
				plan of care, as it relates to Alzheimer's dementia and other forms of
				dementia, including the method by which the plan evolves, the frequency of
				assessment, and how the facility will respond to changes in the condition of
				the resident;
(4)
Staff-to-resident ratios, staff training and continuing education that
				are in addition to all regularly prescribed training and are commensurate with
				the need for increased care and supervision for residents with Alzheimer's
				dementia and other forms of dementia;
(5)
The physical environment and
				design features appropriate to support the functioning of cognitively impaired
				residents;
(6)
The
				types and frequency of resident activities designed for residents with
				Alzheimer's dementia or other forms of dementia and descriptions of those
				therapeutic activities designed to address cognitive function and engage
				residents with varying stages of dementia;
(7)
The involvement of families in
				care planning and other aspects of care, and the availability of family support
				programs;
(8)
The
				fees for care and any additional fees; and
(9)
Any accreditations or
				certifications issued to the facility related to the care and services provided
				to residents with Alzheimer's dementia or other forms of dementia.
[63:1-879.2c.B].
Added at 16 Ok Reg 2520,
				  eff 6-25-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 673 - Alzheimer's Dementia And Other Forms of Dementia Special Care Disclosure Rules › Subchapter 3 - Standardized Disclosures and Reviews › Section 310:673-3-3 - Department review

Current through Vol. 41, No. 20, July 1, 2024
A facility will be sent an electronic notification to the
				  email provided within the disclosure form once it has been submitted to the
				  electronic filing system. The Department shall review disclosure forms for
				  completeness and accuracy each time a form is submitted as required by law.
				  During the regular inspection, the Department shall verify the disclosure form
				  is current and the services provided match those described within the
				  disclosure form.
Added at 16 Ok Reg 2520,
				  eff 6-25-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 673 - Alzheimer's Dementia And Other Forms of Dementia Special Care Disclosure Rules › Subchapter 3 - Standardized Disclosures and Reviews › Section 310:673-3-4

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg 2520,
				  eff 6-25-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 673 - Alzheimer's Dementia And Other Forms of Dementia Special Care Disclosure Rules › Subchapter 3 - Standardized Disclosures and Reviews › Section 310:673-3-5

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg 2520,
				  eff 6-25-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 673 - Alzheimer's Dementia And Other Forms of Dementia Special Care Disclosure Rules › Subchapter 3 - Standardized Disclosures and Reviews › Section 310:673-3-6 - Violations of disclosure form requirements

Current through Vol. 41, No. 20, July 1, 2024
A violation of any of the provisions in the Alzheimer's
				  Dementia and Other Forms of Dementia Special Care Disclosure Act shall subject
				  the offending facility to the notice and enforcement provisions for the
				  facility's license.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 673 - Alzheimer's Dementia And Other Forms of Dementia Special Care Disclosure Rules › Subchapter 3 - Standardized Disclosures and Reviews › Section 310:673-3-7 - Disclosures provided

Current through Vol. 41, No. 20, July 1, 2024
(a) The facility
				shall provide a current disclosure to any representative of a person with
				Alzheimer's dementia or other forms of dementia who is considering placement
				within a special care unit, program, or facility in addition to having a
				current disclosure form as required by 63 O.S. 1-879.2 c.
(b) The Department shall provide a copy of
				the disclosure to the State Long-Term Care Ombudsman.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 1 - General Provisions › Section 310:675-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Chapter is to implement the "Nursing Home
				  Care Act" (63 O.S. 1991, §§ 1-1901 et seq.) and to establish the
				  minimum criteria for the issuance or renewal of a nursing or specialized
				  facility license.
Amended at 9 Ok Reg
				  3163, eff 7-1-92 (emergency); Amended at 10 Ok Reg 1639, eff
				  6-1-93
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 1 - General Provisions › Section 310:675-1-3 - Staff identification

Current through Vol. 41, No. 20, July 1, 2024
Each facility shall ensure that each staff member wears an
				  identification badge that clearly indicates the staff member's name and
				  title.
Added at 18 Ok Reg 2533,
				  eff 6-25-01
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 1 - General Provisions › Section 310:675-1-4 - 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 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 available to the
				residents and their guests and another room available to the
				employees.
(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 675 - Nursing and Specialized Facilities › Subchapter 1 - General Provisions › Section 310:675-1-5 - Relocation of a resident by the Department in emergency

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department may relocate a resident in
				an emergency when:
(1) The Department
				determines that the resident is in immediate jeopardy which cannot be rectified
				without relocation; or
(2) The
				facility has substantial quality of care non-compliance with the rules and/or
				certification standards and when actual harm has occurred in the facility;
				or
(3) The facility is unable to
				meet the needs of the resident.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 1 - General Provisions › Section 310:675-1-6 - Waiver

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commissioner of Health, in accordance
				with 63 O.S. Section
				1-1900.2,
				may waive provisions of the Nursing Home Care Act and this Chapter, if the
				Department of Health determines that such waiver would not endanger the life,
				safety or health of any resident of a nursing facility and the waiver
				application meets the requirements specified in this section and 63 O.S.
				Section
				1-1900.2.
(b) Any facility requesting a waiver shall
				apply in writing to the Department of Health. Such application shall include:
(1) The specific statute(s) or regulation(s)
				for which the waiver is requested;
(2) Reason(s) for requesting a
				waiver;
(3) An explanation of how
				the requested waiver fosters the development of resident autonomy,
				individualization and culture change in support of a deinstitutionalization
				model;
(4) The specific relief
				requested; and
(5) Any
				documentation which supports the application for waiver.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 3 - Licenses › Section 310:675-3-1 - License required [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 9 Ok Reg
				  3163, eff 7-1-92 (emergency); Revoked at 10 Ok Reg 1639, eff
				  6-1-93
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 3 - Licenses › Section 310:675-3-1.1 - Application for licensure

Current through Vol. 41, No. 20, July 1, 2024
(a) No person or
				entity shall operate a facility without first obtaining a license.
(b) The applicant shall file a licensure
				application in a timely manner, on the forms provided by the Department, with a
				check for the filing fee payable to the Oklahoma State Department of Health.
				The filing fee is set by statute, and currently is calculated as Ten Dollars
				($10.00) per licensed bed.
(c) The
				facility owner shall be the applicant for the license, unless a receiver has
				been appointed. If there is a receiver, the receiver shall be the
				applicant.
(d) If the facility is
				leased, then the person or entity to whom the facility is leased shall be the
				applicant. If the lessee does not assume all rights to the facility and the
				lessor reserves some participatory rights in the operation of the facility,
				then both entities shall make joint application for the license.
(e) The applicant for license shall disclose
				the name, address, and tax identification number of a person or entity who has
				the legal duties of filing employment tax returns and paying employment taxes
				with respect to staff required to meet the needs of facility residents,
				including but not limited to administrators, nurses, nurse aides, certified
				medication aides, dieticians, nutritionists, food service staff, qualified
				mental retardation professionals, and activities, social services, maintenance
				and housekeeping personnel.
(f) An
				application is not considered to be filed unless it is accompanied by the
				application fee. The application fee, however, shall not be required from a
				receiver or temporary manager appointed by, or at the request of, the
				Department.
Added at 9 Ok Reg 3163,
				  eff 7-1-92 (emergency); Added at 10 Ok Reg 1639, eff 6-1-93; Amended at 11 Ok
				  Reg 3193, eff 6-27-94; Amended at 13 Ok Reg 2511, eff 6-27-96; Amended at 21 Ok
				  Reg 2805, eff 7-12-04; Amended at 23 Ok Reg 3167, eff 7-26-06 (emergency);
				  Amended at 24 Ok Reg 2043, eff 6-25-07; Amended at 26 Ok Reg 2059, eff
				  6-25-09
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 3 - Licenses › Section 310:675-3-2 - Application for licensure/relicensure [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 9 Ok Reg
				  3163, eff 7-1-92 (emergency); Revoked at 10 Ok Reg 1639, eff
				  6-1-93
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 3 - Licenses › Section 310:675-3-2.1 - Deadlines for filing

Current through Vol. 41, No. 20, July 1, 2024
The license application shall be filed in accordance with the
				  following deadlines.
(1) The
				application for an initial license of a new facility shall be filed at least
				thirty days before beginning operations.
(2) The application for an initial license,
				following a transfer of ownership or operation, shall be filed at least thirty
				days before the final transfer. In the case of the appointment of a receiver as
				operator, this thirty day advance filing requirement may be waived if the
				Commissioner finds that an emergency exists which threatens the welfare of the
				facility residents. If an emergency is found to exist, the receiver shall file
				the license application before beginning operation of the facility.
(3) The application for renewal of license of
				an existing facility, with no transfer of ownership or operation, shall be
				filed by the renewal date specified on the existing license.
(4) An application for a suspended license,
				with no transfer of ownership or operation, shall be filed within thirty (30)
				days of relocation of all residents or the date the facility ceases
				operation.
Added at 9 Ok Reg 3163,
				  eff 7-1-92 (emergency); Added at 10 Ok Reg 1639, eff 6-1-93; Amended at 13 Ok
				  Reg 2511, eff 6-27-96; Amended at 20 Ok Reg 2399, eff
				  7-11-03
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 3 - Licenses › Section 310:675-3-3 - Probationary and conditional licenses [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 9 Ok Reg
				  3163, eff 7-1-92 (emergency); Revoked at 10 Ok Reg 1639, eff
				  6-1-93
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 3 - Licenses › Section 310:675-3-3.1 - Where to file

Current through Vol. 41, No. 20, July 1, 2024
(a) Each initial,
				renewal or suspended license application, and each Notice of Change requesting
				an increase in beds, and the applicable license fee shall be delivered or sent
				to the Department at the address specified on the application or notice form.
				The effective date of filing shall be the date the application or notice and
				any required fee are received. No initial or renewal license or increase in
				licensed beds shall bear an effective date of issuance that is earlier than the
				effective date of filing.
(b) The
				completed application forms and the license fee shall not be given to
				Department personnel at the facility site.
Added at 9 Ok Reg 3163,
				  eff 7-1-92 (emergency); Added at 10 Ok Reg 1639, eff 6-1-93; Amended at 20 Ok
				  Reg 2399, eff 7-11-03
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 3 - Licenses › Section 310:675-3-4 - Denial of license

Current through Vol. 41, No. 20, July 1, 2024
The Department's consideration of financial insufficiency as
				  a reason for denial of a license pursuant to 63 O.S. Section
				  1-1906(C)(4),
				  may include, but is not limited to, the following bases:
(1) The applicant or any person or entity
				disclosed pursuant to
				310:675-3-1.1(e)
				is not current with filing and payment requirements for state and/or federal
				taxes;
(2) The State of Oklahoma
				has filed a tax warrant or warrants against the applicant or any person or
				entity disclosed pursuant to
				310:675-3-1.1(e);
				or
(3) The Internal Revenue Service
				has filed a notice of federal tax lien against the applicant or any person or
				entity disclosed pursuant to
				310:675-3-1.1(e).
Revoked at 9 Ok Reg
				  3163, eff 7-1-92 (emergency); Revoked at 10 Ok Reg 1639, eff 6-1-93; Added at
				  21 Ok Reg 2805, eff 7-12-04
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 3 - Licenses › Section 310:675-3-4.1 - Forms

Current through Vol. 41, No. 20, July 1, 2024
The applicant for a license shall file application forms as
				  follows:
(1) For an initial license of
				a new facility, or for an existing facility following a transfer of ownership
				or operation, the applicant shall file these forms: License Application;
				Disclosure Statement of Owner, Lessee and Manager, with Detail Attachment and
				Affirmation Attachment; the Staffing Projection and Professional Certification;
				and the Certification of Tax Liens and Timely Payment of Taxes.
(2) For renewal or suspension of a current
				license, the applicant shall file the License Application form, and the
				Certification of Tax Liens and Timely Payment of Taxes. The application forms
				shall provide for the facility to file an abbreviated report if no change has
				been made since the time of the last application.
Added at 9 Ok Reg 3163,
				  eff 7-1-92 (emergency); Added at 10 Ok Reg 1639, eff 6-1-93; Amended at 20 Ok
				  Reg 2399, eff 7-11-03; Amended at 21 Ok Reg 2805, eff 7-12-04; Amended at 23 Ok
				  Reg 3167, eff 7-26-06 (emergency); Amended at 24 Ok Reg 2043, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 3 - Licenses › Section 310:675-3-5 - Suspension/revocation of license

Current through Vol. 41, No. 20, July 1, 2024
(a) The period for
				an extension granted pursuant to 63 O.S. Supp. 2002 Section 1-1906(H)(2) shall
				not exceed three (3) years.
(b)
				During the period of suspension, the licensee shall file a Periodic Report for
				Suspended License that demonstrates the facility's progress towards reopening
				the facility or the extenuating or unusual circumstances for requesting the
				extension of the suspended license, in the form of, but not limited to:
				contract for sale, contract with real estate agent or builder, or a pending
				Certificate of Need application.
(c) The facility shall file periodic reports
				at least once every six months. The Department shall send a notice to each
				facility's contact, at least thirty (30) days prior to the due date of the
				periodic report.
(d) The
				Department's consideration of financial insufficiency as a reason for
				suspension or revocation of a license pursuant to 63 O.S. Section
				1-1906(E)(4),
				may include, but is not limited to, the following bases:
(1) The applicant or any person or entity
				disclosed pursuant to
				310:675-3-1.1(e)
				is not current with filing and payment requirements for state and/or federal
				taxes;
(2) The State of Oklahoma
				has filed a tax warrant or warrants against the applicant or any person or
				entity disclosed pursuant to
				310:675-3-1.1(e);
				or
(3) The Internal Revenue Service
				has filed a notice of federal tax lien against the applicant or any person or
				entity disclosed pursuant to
				310:675-3-1.1(e).
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 3 - Licenses › Section 310:675-3-6 - Transfer of ownership [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 9 Ok Reg
				  3163, eff 7-1-92 (emergency); Revoked at 10 Ok Reg 1639, eff
				  6-1-93
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 3 - Licenses › Section 310:675-3-7 - Certificate of approval [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 9 Ok Reg
				  3163, eff 7-1-92 (emergency); Revoked at 10 Ok Reg 1639, eff
				  6-1-93
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 3 - Licenses › Section 310:675-3-8 - Notice of change

Current through Vol. 41, No. 20, July 1, 2024
(a) If changes
				occur so that information previously submitted in a facility's license
				application is no longer correct, the facility shall notify the Department.
				Notice is required of changes to the following information:
(1) Facility identification including
				facility business name, mailing address, telephone number or facsimile
				number;
(2) Changes in licensed bed
				capacity, including proposed increases;
(3) The administrator;
(4) Owner, lessee or manager disclosure or
				detail information that does not otherwise necessitate an initial
				license;
(5) Disclosure of persons
				or entities required to be disclosed pursuant
				310:675-3-1.1(e);
				and
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 675 - Nursing and Specialized Facilities › Subchapter 5 - Physical Plant › Section 310:675-5-1 - Application

Current through Vol. 41, No. 20, July 1, 2024
(a) The requirements of this Subchapter shall
				be applicable to all long-term care facilities constructed after the effective
				date of these regulations. Licensed facilities in operation on the effective
				date of these regulations shall continue to comply with the construction and
				safety regulations applicable to the issuance of their 1980 license.
(b) In the determination of compliance with
				fire safety regulations, the State Fire Marshal and the Department may utilize
				a system of value equivalents, such as the National Bureau of Standards Fire
				Safety Evaluation System, which provides alternative methods for achieving
				compliance with the regulations.