Okla. Stat. tit. 63, § 63-1-1963

and regulations for investigation and hearing of complaints.

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

to:

1. Issue, renew, deny, modify, suspend and revoke licenses and

deny renewal of licenses for agencies, and issue, renew, deny,

modify, suspend and revoke certificates and deny renewal of

certificates for home health aides pursuant to the provisions of the

Home Care Act;

2. Establish and enforce qualifications, standards and

requirements for licensure of home care agencies and certification

of home health aides; provided, nothing in this paragraph shall be

construed as to require a hospice to employ a home health aide as a

condition of licensure;

3. Issue or renew a license to establish or operate a home care

agency if the Department determines that the agency meets the

requirements of or is accredited or certified by one of the

following accrediting or certifying organizations or programs. In

addition, the accredited home care agency through this paragraph

will not be subject to an inspection or examination by the

Department unless necessary to investigate complaints under

subsection B of this section:

a. Title XVIII or XIX of the federal Social Security Act,

Oklahoma Statutes - Title 63. Public Health and Safety Page 787

b. the Joint Commission on Accreditation of Healthcare

Organizations/Home Care Accreditation Services

(JCAHO),

c. the Community Health Accreditation Program of the

National League for Nursing (CHAP), or

d. the Accreditation Commission for Health Care (ACHC);

4. Establish and maintain a registry of certified home health

aides;

5. Enter any home care agency when reasonably necessary for the

sole purpose of inspecting and investigating conditions of the

agency for compliance with the provisions of the Home Care Act, or

compliance with the standards and requirements for licensure or

certification developed by the Department pursuant to the provisions

of the Home Care Act;

6. Establish administrative penalties for violations of the

provisions of the Home Care Act; and

7. Exercise all incidental powers as necessary and proper for

the administration of the Home Care Act.

B. 1. The State Board of Health shall promulgate rules

necessary for the investigation and hearing of complaints regarding

a home care agency or home health aide.

2. The Department shall establish procedures for receipt and

investigation of complaints regarding a home care agency or home

health aide.

3. A complaint regarding a home care agency or home health aide

shall not be made public unless a completed investigation

substantiates the violations alleged in the complaint.