Okla. Stat. tit. 63, § 63-1-1962

A. No home care agency, as that term is defined by the Home

Care Act, shall operate without first obtaining a license as

required by the Home Care Act.

B. No licensed health care facility, licensed physician,

advanced practice registered nurse, physician assistant, or state

agency employee acting in the performance of his or her duties shall

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refer a client for personal care services as defined in Section 1-

1961 of this title or for companion or sitter services as defined in

subsection A of Section 1-1972 of this title, except to an agency

licensed to provide such services. For purposes of this subsection,

"licensed health care facility" shall include acute care hospitals,

long-term acute care hospitals, rehabilitation hospitals, skilled

nursing facilities, assisted living facilities, residential care

homes, home care agencies, adult day care centers and hospice

agencies.

C. 1. No employer or contractor, except as otherwise provided

by this subsection, shall employ or contract with any individual as

a home health aide for more than four (4) months, on a full-time,

temporary, per diem or other basis, unless the individual is a

licensed health professional or unless the individual has satisfied

the requirements for certification and placement on the home health

aide registry maintained by the State Department of Health.

2. a. Any person in the employment of a home care agency as

a home health aide on June 30, 1992, with continuous

employment through June 30, 1993, shall be granted

home health aide certification by the Department on

July 1, 1993. The home care agency shall maintain

responsibility for assurance of specific competencies

of the home health aide and shall only assign the home

health aide to tasks for which the aide has been

determined to be competent.

b. Any home health aide employed between the dates of

July 1, 1992, and June 30, 1993, shall be eligible for

certification by passing a competency evaluation and

testing as required by the Department.

c. Any home health aide employed on and after July 1,

1996, shall complete any specified training,

competency evaluation and testing required by the

Department.

D. The provisions of the Home Care Act shall not apply to:

1. A person acting alone who provides services in the home of a

relative, neighbor or friend;

2. A person who provides maid services only;

3. A nurse service or home aide service conducted by and for

the adherents to any religious denomination, the tenets of which

include reliance on spiritual means through prayer alone for

healing;

4. A person providing hospice services pursuant to the Oklahoma

Hospice Licensing Act;

5. A nurse-midwife;

6. An individual, agency, or organization that contracts with

the Oklahoma Health Care Authority to provide services under the

Home- and Community-Based Waiver for persons with developmental

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disabilities or that contracts with the Department of Human Services

to provide community services to persons with developmental

disabilities; provided, that staff members and individuals providing

the services shall receive a level of training, approved by the

Department of Human Services, which meets or exceeds the level

required pursuant to the Home Care Act. An individual, agency, or

organization otherwise covered under the Home Care Act shall be

exempt from the act only for those paraprofessional direct care

services provided under contracts referenced in this paragraph;

7. An individual, agency, or organization that provides or

supports the provision of personal care services to an individual

who performs individual employer responsibilities of hiring,

training, directing and managing a personal care attendant as part

of the Oklahoma Health Care Authority Consumer-Directed Personal
direct care

services provided under contracts referenced in this paragraph;

7. An individual, agency, or organization that provides or

supports the provision of personal care services to an individual

who performs individual employer responsibilities of hiring,

training, directing and managing a personal care attendant as part

of the Oklahoma Health Care Authority Consumer-Directed Personal

Assistance Supports and Services (CD-PASS) waiver program. An

individual, agency, or organization otherwise covered under the

provisions of the Home Care Act shall be exempt from the act only

for those paraprofessional direct care services provided under

Oklahoma Health Care Authority contracts referenced in this

paragraph, but shall not be exempt from the criminal history

background check required under the Home Care Act and Section 1-

1950.1 of this title for other paraprofessional direct care service

providers. A personal care attendant hired by a consumer under the

CD-PASS program shall be exempt from certification as a home health

aide, provided such personal care attendant receives the training

required and approved by the Department of Human Services;

8. An individual who only provides Medicaid home- and

community-based personal care services pursuant to a contract with

the Oklahoma Health Care Authority;

9. An individual who:

a. is employed by a licensed home care agency exclusively

to provide personal care services in the home,

b. has no convictions pursuant to a criminal history

investigation as provided in Section 1-1950.1 of this

title,

c. is being continuously trained by a registered nurse to

provide care that is specific to the needs of the

client receiving the care,

d. is supervised by a registered nurse via an on-site

visit at least once every three (3) months or sooner

if the client experiences a significant change in

health condition including, but not limited to, a

surgery or a hospital stay, and

e. has demonstrated competency in a written training plan

developed by a registered nurse employed by the home

care agency that shall include, at a minimum, the

following:

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(1) observation, reporting, and documentation of

client status and assistance or other services

furnished,

(2) maintenance of a clean, safe, and healthy

environment,

(3) recognizing an emergency and necessary emergency

procedures,

(4) safe techniques to provide assistance with

bathing, grooming, and toileting,

(5) assistance with meal preparation and safe food

handling and storage,

(6) client rights and responsibilities and the need

for respect for the client and for the privacy

and property of the client, and

(7) basic infection control practices to include, at

a minimum, instruction in acceptable hand hygiene

techniques and the application of standard

precautions;

10. A home or facility approved and annually reviewed by the

United States Department of Veterans Affairs as a medical foster

home in which care is provided exclusively to three or fewer

veterans; or

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

aide pursuant to the provisions of Section 1-1951 of this title.