Okla. Stat. tit. 63, § 63-1-1906

Denial of application - Notice of denial - Suspension or revocation

- Administrative penalties - Effective date of nonrenewal or

revocation - Application following revocation.

A. The State Commissioner of Health shall issue and renew

licenses for the operation of facilities which are found to comply

with the provisions of the Nursing Home Care Act, and standards and

rules of the State Board of Health.

B. For any new facility or for any facility that has undergone

a transfer of ownership or operation the State Department of Health

shall issue only an initial license. An initial license shall be

valid for one hundred eighty (180) days unless sooner suspended or

revoked under this act. Prior to the termination of an initial

license, the Department shall fully and completely inspect the

facility and, if the facility meets the applicable requirements for

licensure, shall issue a license under this act. If the Department

finds that the facility does not meet the requirements for licensure

but has made substantial progress toward meeting those requirements,

the initial license may be extended once for a period not to exceed

one hundred twenty (120) days from the expiration date of the

initial license.

C. An application for a license may be denied for any of the

following reasons:

1. Failure to meet any of the minimum standards set forth by

this act or by rules promulgated by the Board under this act;

2. Conviction of the applicant, or of any member of an

applicant that is a firm, partnership or association or, if a

corporation, the conviction of the corporation or any of its

officers or a majority stockholder, or of a person designated to

manage or supervise a facility, of a felony, meaning a crime that

would have a bearing on the operation of a nursing home, the

conviction to be shown by a certified copy of the record of the

court of conviction, if the Department determines, after

investigation, that such applicant has not been sufficiently

rehabilitated to warrant the public trust, or other satisfactory

evidence that the moral character of the applicant, or

administrator, or manager, or supervisor of the facility is not

reputable;

Oklahoma Statutes - Title 63. Public Health and Safety Page 674

3. Personnel insufficient in number or unqualified by training

or experience properly to care for the proposed number and type of

residents to be determined by standards set by the Department with

the standards not being less than those set by federal statute; or

4. Insufficient financial or other resources that would render

a facility incapable of providing adequate patient care.

D. Immediately upon the denial of any application or

reapplication for a license under this act, the Department shall

notify the applicant in writing. Notice of denial shall include a

clear and concise statement of the violations on which denial is

based and notice of the opportunity for a hearing. If the applicant

desires to contest the denial of a license, it shall provide written

notice to the Department of a request for a hearing within ten (10)

days after receipt of the notice of denial and the Department shall

commence the hearing.

E. The Commissioner may suspend or revoke a license on any of

the following grounds:

1. Violation of any of the provisions of this act or the rules,

regulations and standards issued pursuant thereto;

2. Permitting, aiding or abetting the commission of any illegal

act in a licensed facility;

3. Conduct of practices deemed by the Commissioner to be

detrimental to the welfare of the patients or residents of a

facility;

4. Insufficient financial or other resources that would render

a facility incapable of providing adequate patient care; or

5. The facility has closed.

F. 1. The Department, after notice to the applicant or

licensee, may suspend, revoke, refuse to renew a license or assess

administrative penalties in any case in which the Department finds
e welfare of the patients or residents of a

facility;

4. Insufficient financial or other resources that would render

a facility incapable of providing adequate patient care; or

5. The facility has closed.

F. 1. The Department, after notice to the applicant or

licensee, may suspend, revoke, refuse to renew a license or assess

administrative penalties in any case in which the Department finds

that there has been a substantial failure to comply with this act or

the rules promulgated by the Board under this act;

2. Notice under this section shall include a clear and concise

statement of the violations on which the nonrenewal, revocation or

administrative penalty is based, the statute or rule violated and

notice of the opportunity for a hearing;

3. If a facility desires to contest the nonrenewal or

revocation of a license or the assessment of administrative

penalties, the facility shall, within ten (10) days after receipt of

notice under paragraph 2 of this section, notify the Commissioner in

writing of its request for a hearing. Upon receipt of the request

the Commissioner shall send notice to the facility and hold a

hearing;

4. The effective date of nonrenewal or revocation of a license

by the Commissioner shall be any of the following:

a. until otherwise ordered by the district court,

revocation is effective on the date set by the

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Commissioner in the notice of revocation, or upon

final action after hearing, whichever is later,

b. until otherwise ordered by the district court,

nonrenewal is effective on the date of expiration of

any existing license, or upon final action after

hearing, whichever is later, or

c. the Department may extend the effective date of

license revocation or expiration in any case in order

to permit orderly removal and relocation of residents.

G. A new application, following revocation, shall be considered

by the Commissioner on receipt of evidence that the conditions upon

which revocation was based have been corrected; and a new license

may then be granted after proper inspection has been made and all

provisions of this act have been complied with, and the rules,

regulations and standards of the Board have been satisfied.

H. The Department may suspend, for a period not to exceed three

(3) years, the license of a facility that has temporarily closed or

ceased operations for remodeling, renovation, replacement or

relocation, or that has closed or ceased operations pending a change

of ownership, operator or management.

1. The facility shall provide periodic reports to the

Department not less than once every six (6) months demonstrating the

facility’s progress towards reopening.

2. The Department may extend the period of suspension upon a

demonstration of extenuating or unusual circumstances, a clear

showing of good faith efforts to proceed towards the reopening of

the facility, and a determination by the Department that a

continuation of the period of suspension poses no harm to the

public.

3. Whenever, after receipt of a six-month report, the

Department determines that there has been no progress towards

reopening the facility, no demonstration of extenuating or unusual

circumstances or clear showing of good faith efforts to proceed

towards the reopening of the facility, the Department may initiate a

proceeding to revoke the license of the facility.

4. At or before the conclusion of the suspension period, the

facility shall meet applicable requirements for licensure and shall

reopen, or the license shall expire.

5. Any closed facility that has a suspended license on the

effective date of this act may be issued a suspended license for a

period not to exceed three (3) years from the effective date of this

act.