Okla. Stat. tit. 63, § 63-1-1911

A. 1. Every building, institution, or establishment for which

a license has been issued, including any facility operated by the

Oklahoma Department of Veterans Affairs, shall be periodically

inspected by a duly appointed representative of the State Department

of Health, pursuant to rules promulgated by the State Commissioner

of Health with the advice and counsel of the Long-Term Care Facility

Advisory Board, created in Section 1-1923 of this title.

2. Inspection reports shall be prepared on forms prescribed by

the Commissioner with the advice and counsel of the Advisory Board.

B. 1. The Department, whenever it deems necessary, shall

inspect, survey, and evaluate every facility, including any facility

operated by the Oklahoma Department of Veterans Affairs, to

determine compliance with applicable licensure and certification

requirements and standards. All inspections of facilities shall be

unannounced. The Department may have as many unannounced

inspections as it deems necessary.

2. The Department shall conduct at least one unannounced

inspection per calendar year of all nursing facilities operated by

the Oklahoma Department of Veterans Affairs.

3. Any employee of the State Department of Health who discloses

to any unauthorized person, prior to an inspection, information

regarding an unannounced nursing home inspection required pursuant

to the provisions of this section shall, upon conviction thereof, be

guilty of a misdemeanor. In addition, such action shall be

construed to be a misuse of office and punishable as a violation of

rules promulgated by the Ethics Commission.

Oklahoma Statutes - Title 63. Public Health and Safety Page 679

4. a. The Department may periodically visit a facility for

the purpose of consultation and may notify the

facility in advance of such a visit. An inspection,

survey, or evaluation, other than an inspection of

financial records or a consultation visit, shall be

conducted without prior notice to the facility.

b. One person shall be invited by the Department to act

as a citizen observer in unannounced inspections. The

individual may be a representative of a statewide

organization of the elderly or a representative of the

Office of the State Long-Term Care Ombudsman.

c. The citizen observer shall be reimbursed for expenses

in accordance with the provisions of the State Travel

Reimbursement Act.

d. An employee of a state or unit of a local government

agency, charged with inspecting, surveying, and

evaluating facilities, who aids, abets, assists,

conceals, or conspires with a facility administrator

or employee in violation of the provisions of the

Nursing Home Care Act shall be guilty, upon conviction

thereof, of a misdemeanor and shall be subject to

dismissal from employment.

C. The Department shall hold open meetings, as part of its

routine licensure survey, in each of the licensed facilities to

advise and to facilitate communication and cooperation between

facility personnel and the residents of facilities in their mutual

efforts to improve patient care. Administrators, employees of the

facility, residents, residents' relatives, friends, residents'

representatives, and employees from appropriate state and federal

agencies shall be encouraged to attend these meetings to contribute

to this process.

D. 1. The Department shall require periodic reports and shall

have access to books, records, and other documents maintained by the

facility to the extent necessary to implement the provisions of the

Nursing Home Care Act and the rules promulgated pursuant thereto.

2. Any holder of a license or applicant for a license shall be

deemed to have given consent to any authorized officer, employee, or

agent of the Department to enter and inspect the facility in

accordance with the provisions of the Nursing Home Care Act.

Refusal to permit such entry or inspection, except for good cause,

shall constitute grounds for remedial action or administrative
t thereto.

2. Any holder of a license or applicant for a license shall be

deemed to have given consent to any authorized officer, employee, or

agent of the Department to enter and inspect the facility in

accordance with the provisions of the Nursing Home Care Act.

Refusal to permit such entry or inspection, except for good cause,

shall constitute grounds for remedial action or administrative

penalty or both such action and penalty as provided in the Nursing

Home Care Act.

E. The Department shall maintain a file on each facility in the

state. All conditions and practices not in compliance with

applicable standards shall be specifically stated. If a violation

is corrected or is subject to an approved plan of correction, such

Oklahoma Statutes - Title 63. Public Health and Safety Page 680

action shall be contained in the file. Upon receiving a written

request for a copy of the file documents, the Department shall send

a copy of the document to any person making the written request.

The Department may charge a reasonable fee for copying costs.