Okla. Stat. tit. 63, § 63-1-1902

As used in the Nursing Home Care Act:

1. “Abuse” means the willful infliction of injury, unreasonable

confinement, intimidation, or punishment, with resulting physical

harm, impairment, or mental anguish;

2. “Access” means the right of a person to enter a facility to

communicate privately and without unreasonable restriction when

invited to do so by a resident. A representative of the Office of

the State Long-Term Care Ombudsman and a case manager employed by

the Department of Mental Health and Substance Abuse Services or one

of its contract agencies shall have right of access to enter a

facility, communicate privately and without unreasonable restriction

with any resident who consents to the communication, to seek consent

to communicate privately and without restriction with any resident,

and to observe all areas of the facility that directly pertain to

the patient care of the resident without infringing upon the privacy

of the other residents without first obtaining their consent;

3. “Administrator” means the person licensed by the State of

Oklahoma who is in charge of a facility. An administrator must

devote at least one-third (1/3) of such person's working time to on-

the-job supervision of the facility; provided, that this requirement

shall not apply to an administrator of an intermediate care facility

for individuals with intellectual disabilities with sixteen or fewer

beds (ICF/IID-16), in which case the person licensed by the state

may be in charge of more than one such ICF/IID-16 facility, if such

facilities are located within a circle that has a radius of not more

than fifteen (15) miles, the total number of facilities and beds

does not exceed six facilities and sixty-four beds, and each such

ICF/IID-16 facility is supervised by a qualified professional. The

facilities may be free-standing in a community or may be on campus

with a parent institution. The ICF/IID-16 facility may be

independently owned and operated or may be part of a larger

institutional operation;

4. “Advisory Board” means the Long-Term Care Facility Advisory

Board;

5. “Adult companion home” means any home or establishment,

funded and certified by the Department of Human Services, which

provides homelike residential accommodations and supportive

assistance to three or fewer adults with intellectual or

developmental disabilities;

6. “Board” means the State Board of Health;

7. “Commissioner” means the State Commissioner of Health;

8. “Department” means the State Department of Health;

9. “Facility” means a nursing facility and a specialized home;

provided, this term shall not include a residential care home or an

adult companion home;

Oklahoma Statutes - Title 63. Public Health and Safety Page 667

10. “Nursing facility” means a home, an establishment, or an

institution, a distinct part of which is primarily engaged in

providing:

a. skilled nursing care and related services for

residents who require medical or nursing care,

b. rehabilitation services for the rehabilitation of

injured, disabled, or sick persons, or

c. on a regular basis, health-related care and services

to individuals who because of their mental or physical

condition require care and services beyond the level

of care provided by a residential care home and which

can be made available to them only through a nursing

facility.

Nursing facility does not mean, for purposes of Section 1-851.1 of

this title, a facility constructed or operated by an entity

described in paragraph 7 of subsection B of Section 6201 of Title 74

of the Oklahoma Statutes or the nursing care component of a

continuum of care facility, as such term is defined under the

Continuum of Care and Assisted Living Act, to the extent that the

facility constructed or operated by an entity described in paragraph

7 of subsection B of Section 6201 of Title 74 of the Oklahoma

Statutes contains such a nursing care component;
f Section 6201 of Title 74

of the Oklahoma Statutes or the nursing care component of a

continuum of care facility, as such term is defined under the

Continuum of Care and Assisted Living Act, to the extent that the

facility constructed or operated by an entity described in paragraph

7 of subsection B of Section 6201 of Title 74 of the Oklahoma

Statutes contains such a nursing care component;

11. “Specialized facility” means any home, establishment, or

institution which offers or provides inpatient long-term care

services on a twenty-four-hour basis to a limited category of

persons requiring such services, including but not limited to a

facility providing health or habilitation services for individuals

with intellectual or developmental disabilities, but does not mean,

for purposes of Section 1-851.1 of this title, a facility

constructed or operated by an entity described in paragraph 7 of

subsection B of Section 6201 of Title 74 of the Oklahoma Statutes or

the nursing care component of a continuum of care facility, as such

term is defined under the Continuum of Care and Assisted Living Act,

to the extent that the facility constructed or operated by an entity

described in paragraph 7 of subsection B of Section 6201 of Title 74

of the Oklahoma Statutes contains such a nursing care component;

12. “Residential care home” means any home, establishment, or

institution licensed pursuant to the provisions of the Residential

Care Act other than a hotel, motel, fraternity or sorority house, or

college or university dormitory, which offers or provides

residential accommodations, food service, and supportive assistance

to any of its residents or houses any resident requiring supportive

assistance. The residents shall be persons who are ambulatory and

essentially capable of managing their own affairs, but who do not

routinely require nursing care; provided, the term residential care

home shall not mean a hotel, motel, fraternity or sorority house, or

college or university dormitory, if the facility operates in a

Oklahoma Statutes - Title 63. Public Health and Safety Page 668

manner customary to its description and does not house any person

who requires supportive assistance from the facility in order to

meet an adequate level of daily living;

13. “Licensee” means the person, a corporation, partnership, or

association who is the owner of the facility which is licensed by

the Department pursuant to the provisions of the Nursing Home Care

Act;

14. “Maintenance” means meals, shelter, and laundry services;

15. “Neglect” means failure to provide goods and/or services

necessary to avoid physical harm, mental anguish, or mental illness;

16. “Owner” means a person, corporation, partnership,

association, or other entity which owns a facility or leases a

facility. The person or entity that stands to profit or lose as a

result of the financial success or failure of the operation shall be

presumed to be the owner of the facility. Notwithstanding the

foregoing, any nonstate governmental entity that has acquired and

owns or leases a facility and that has entered into an agreement

with the Oklahoma Health Care Authority to participate in the

nursing facility supplemental payment program (UPL Owner) shall be

deemed the owner of such facility and shall be authorized to obtain

management services from a management services provider (UPL

Manager), and to delegate, allocate, and assign as between the UPL

Owner and UPL Manager, compensation, profits, losses, liabilities,

decision-making authority, and responsibilities, including

responsibility for the employment, direction, supervision, and

control of the facility's administrator and staff;

17. “Personal care” means assistance with meals, dressing,

movement, bathing or other personal needs or maintenance, or general

supervision of the physical and mental well-being of a person, who
fits, losses, liabilities,

decision-making authority, and responsibilities, including

responsibility for the employment, direction, supervision, and

control of the facility's administrator and staff;

17. “Personal care” means assistance with meals, dressing,

movement, bathing or other personal needs or maintenance, or general

supervision of the physical and mental well-being of a person, who

is incapable of maintaining a private, independent residence, or who

is incapable of managing his or her person, whether or not a

guardian has been appointed for such person;

18. “Resident” means a person residing in a facility due to

illness, physical or mental infirmity, or advanced age;

19. “Representative of a resident” means a court-appointed

guardian or, if there is no court-appointed guardian, the parent of

a minor, a relative, or other person, designated in writing by the

resident; provided, that any owner, operator, administrator, or

employee of a facility subject to the provisions of the Nursing Home

Care Act, the Residential Care Act, or the Group Homes for Persons

with Developmental or Physical Disabilities Act shall not be

appointed guardian or limited guardian of a resident of the facility

unless the owner, operator, administrator, or employee is the spouse

of the resident, or a relative of the resident within the second

degree of consanguinity and is otherwise eligible for appointment;

and

Oklahoma Statutes - Title 63. Public Health and Safety Page 669

20. “Supportive assistance” means the service rendered to any

person which is less than the service provided by a nursing facility

but which is sufficient to enable the person to meet an adequate

level of daily living. Supportive assistance includes but is not

limited to housekeeping, assistance in the preparation of meals,

assistance in the safe storage, distribution, and administration of

medications, and assistance in personal care as is necessary for the

health and comfort of such person. Supportive assistance shall not

include medical service.