Okla. Stat. tit. 63, § 63-1-1951

A. The State Department of Health shall have the power and duty

to:

1. Issue certificates of training and competency for nurse

aides;

2. Approve training and competency programs including, but not

limited to, education-based programs and employer-based programs,

including those programs established pursuant to Section 223.1 of

Title 72 of the Oklahoma Statutes;

3. Determine curricula and standards for training and

competency programs. The Department shall require such training to

include a minimum of ten (10) hours of training in the care of

Alzheimer's patients;

4. Establish and maintain a registry for certified nurse aides

and for nurse aide trainees;

5. Establish categories and standards for nurse aide

certification and registration, including feeding assistants as

defined in 42 CFR Parts 483 and 488;

6. Exercise all incidental powers as necessary and proper to

implement and enforce the provisions of this section; and

7. Suspend or revoke any certification issued to any nurse

aide, if:

a. the nurse aide is found to meet any of the

requirements contained in subsection D of Section 1-

1947 of this title,

b. the nurse aide is found to meet any of the

requirements contained in subsection C of Section 1-

1950.1 of this title, or

c. the nurse aide is found to have committed abuse,

neglect or exploitation of a resident or

misappropriation of resident or client property

pursuant to the requirements contained in paragraph 7

of subsection D of this section. The action to revoke

or suspend may be included with the filing of any

action pursuant to the requirements of paragraph 7 of

subsection D of this section.

Oklahoma Statutes - Title 63. Public Health and Safety Page 770

B. The State Board of Health shall promulgate rules to

implement the provisions of this section and shall have power to

assess fees.

1. Each person certified as a nurse aide pursuant to the

provisions of this section shall be required to pay certification

and recertification fees in amounts to be determined by the State

Board of Health, not to exceed Fifteen Dollars ($15.00).

2. In addition to the certification and recertification fees,

the State Board of Health may impose fees for training or education

programs conducted or approved by the Department, except for those

programs operated by the Oklahoma Department of Veterans Affairs.

3. All revenues collected as a result of fees authorized in

this section and imposed by the Board shall be deposited into the

Public Health Special Fund.

C. Only a person who has qualified as a certified nurse aide

and who holds a valid current nurse aide certificate for use in this

state shall have the right and privilege of using the title

Certified Nurse Aide and to use the abbreviation CNA after the name

of such person. Any person who violates the provisions of this

section shall be subject to a civil monetary penalty to be assessed

by the Department.

D. A person qualified by the Department as a certified nurse

aide shall be deemed to have met the requirements to work as a home

health aide pursuant to the provisions of the Home Care Act and

shall require no further licensure for performing services within

the scope of practice of home health aides.

E. 1. The State Department of Health shall establish and

maintain a certified nurse aide, nurse aide trainee and feeding

assistant registry that:

a. is sufficiently accessible to promptly meet the needs

of the public and employers, and

b. provides a process for notification and investigation

of alleged abuse, exploitation or neglect of residents

of a facility or home, clients of an agency or center,

or of misappropriation of resident or client property.

2. The registry shall contain information as to whether a nurse

aide has:

a. successfully completed a certified nurse aide training

and competency examination,

b. met all the requirements for certification, or

c. received a waiver from the Board.
xploitation or neglect of residents

of a facility or home, clients of an agency or center,

or of misappropriation of resident or client property.

2. The registry shall contain information as to whether a nurse

aide has:

a. successfully completed a certified nurse aide training

and competency examination,

b. met all the requirements for certification, or

c. received a waiver from the Board.

3. The registry shall include, but not be limited to, the

following information on each certified nurse aide or nurse aide

trainee:

a. the full name of the individual,

b. information necessary to identify each individual.

Certified nurse aides and nurse aide trainees shall

Oklahoma Statutes - Title 63. Public Health and Safety Page 771

maintain with the registry current residential

addresses and shall notify the registry, in writing,

of any change of name. Notification of change of name

shall require certified copies of any marriage license

or other court document which reflects the change of

name. Notice of change of address or telephone number

shall be made within ten (10) days of the effected

change. Notice shall not be accepted over the phone,

c. the date the individual became eligible for placement

in the registry, and

d. information on any finding of the Department of abuse,

neglect or exploitation by the certified nurse aide or

nurse aide trainee, including:

(1) documentation of the Department's investigation,

including the nature of the allegation and the

evidence that led the Department to confirm the

allegation,

(2) the date of the hearing, if requested by the

certified nurse aide or nurse aide trainee, and

(3) statement by the individual disputing the finding

if the individual chooses to make one.

4. The Department shall include the information specified in

subparagraph d of paragraph 3 of this subsection in the registry

within ten (10) working days of the substantiating finding and it

shall remain in the registry, unless:

a. it has been determined by an administrative law judge,

a district court or an appeal court that the finding

was in error, or

b. the Board is notified of the death of the certified

nurse aide or nurse aide trainee.

5. Upon receipt of an allegation of abuse, exploitation or

neglect of a resident or client, or an allegation of

misappropriation of resident or client property by a certified nurse

aide or nurse aide trainee, the Department shall place a pending

notation in the registry until a final determination has been made.

If the investigation, or administrative hearing held to determine

whether the certified nurse aide or nurse aide trainee is in

violation of the law or rules promulgated pursuant thereto, reveals

that the abuse, exploitation or neglect, or misappropriation of

resident or client property was unsubstantiated, the pending

notation shall be removed within twenty-four (24) hours of receipt

of notice by the Department.

6. The Department shall, after notice to the individuals

involved and a reasonable opportunity for a hearing, make a finding

as to the accuracy of the allegations.

7. If the Department after notice and opportunity for hearing

determines with clear and convincing evidence that abuse, neglect or

Oklahoma Statutes - Title 63. Public Health and Safety Page 772

exploitation, or misappropriation of resident or client property has

occurred and the alleged perpetrator is the person who committed the

prohibited act, notice of the findings shall be sent to the nurse

aide and to the district attorney for the county where the abuse,

neglect or exploitation, or misappropriation of resident or client

property occurred and to the Medicaid Fraud Control Unit of the

Attorney General's Office. Notice of ineligibility to work as a

nurse aide in a long-term care facility, a residential care

facility, assisted living facility, day care facility, or any entity

that requires certification of nurse aides, and notice of any
e abuse,

neglect or exploitation, or misappropriation of resident or client

property occurred and to the Medicaid Fraud Control Unit of the

Attorney General's Office. Notice of ineligibility to work as a

nurse aide in a long-term care facility, a residential care

facility, assisted living facility, day care facility, or any entity

that requires certification of nurse aides, and notice of any

further appeal rights shall also be sent to the nurse aide.

8. In any proceeding in which the Department is required to

serve notice or an order on an individual, the Department may send

written correspondence to the address on file with the registry. If

the correspondence is returned and a notation of the United States

Postal Service indicates "unclaimed" or "moved" or "refused" or any

other nondelivery markings and the records of the registry indicate

that no change of address as required by this subsection has been

received by the registry, the notice and any subsequent notices or

orders shall be deemed by the court as having been legally served

for all purposes.

9. The Department shall require that each facility check the

nurse aide registry before hiring a person to work as a nurse aide.

If the registry indicates that an individual has been found, as a

result of a hearing, to be personally responsible for abuse, neglect

or exploitation, that individual shall not be hired by the facility.

10. If the state finds that any other individual employed by

the facility has neglected, abused, misappropriated property or

exploited in a facility, the Department shall notify the appropriate

licensing authority and the district attorney for the county where

the abuse, neglect or exploitation, or misappropriation of resident

or client property occurred.

11. Upon a written request by a certified nurse aide or nurse

aide trainee, the Board shall provide within twenty (20) working

days all information on the record of the certified nurse aide or

nurse aide trainee when a finding of abuse, exploitation or neglect

is confirmed and placed in the registry.

12. Upon request and except for the names of residents and

clients, the Department shall disclose all of the information

relating to the confirmed determination of abuse, exploitation and

neglect by the certified nurse aide or nurse aide trainee to the

person requesting such information, and may disclose additional

information the Department determines necessary.

13. A person who has acted in good faith to comply with state

reporting requirements and this section of law shall be immune from

liability for reporting allegations of abuse, neglect or

exploitation.

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F. Each nurse aide trainee shall wear a badge which clearly

identifies the person as a nurse aide trainee. Such badge shall be

furnished by the facility employing the trainee. The badge shall be

nontransferable and shall include the first and last name of the

trainee.

G. 1. For purposes of this section, "feeding assistant" means

an individual who is paid to feed residents by a facility or who is

used under an arrangement with another agency or organization and

meets the requirements cited in 42 CFR Parts 483 and 488.

2. Each facility that employs or contracts employment of a

feeding assistant shall maintain a record of all individuals, used

by the facility as feeding assistants, who have successfully

completed a training course approved by the state for paid feeding

assistants.