Okla. Stat. tit. 63, § 63-1-701

For the purposes of Section 1-701 et seq. of this title:

1. “Hospital” means any institution, place, building or agency,

public or private, whether organized for profit or not, primarily

engaged in the maintenance and operation of facilities for the

diagnosis, treatment or care of patients admitted for overnight stay

or longer in order to obtain medical care, surgical care,

obstetrical care, or nursing care for illness, disease, injury,

infirmity, or deformity. Except as otherwise provided by paragraph

7 of this section, places where pregnant females are admitted and

receive care incident to pregnancy, abortion or delivery shall be

considered to be a hospital within the meaning of this article,

regardless of the number of patients received or the duration of

their stay. The term hospital includes general medical surgical

hospitals, specialized hospitals, critical access hospitals,

emergency hospitals, and rural emergency hospitals, but does not

include birthing centers except to the extent a birthing center is

licensed as a hospital;

2. “General medical surgical hospital” means a hospital

maintained for the purpose of providing hospital care in a broad

category of illness and injury;

3. “Specialized hospital” means a hospital maintained for the

purpose of providing hospital care in a certain category, or

categories, of illness and injury;

4. “Critical access hospital” means a hospital determined by

the State Department of Health to be a necessary provider of health

care services to residents of a rural community;

5. “Emergency hospital” means a hospital that provides

emergency treatment and stabilization services on a twenty-four-hour

basis that has the ability to admit and treat patients for short

periods of time;

6. “Rural emergency hospital” means a hospital that provides

emergency treatment and stabilization services for an average length

of stay of twenty-four (24) hours or less;

7. “Birthing center” means any facility, place or institution

that is maintained or established primarily for the purpose of

providing services to assist or attend a woman in delivery and

birth, and where a woman is scheduled in advance to give birth

following a normal, uncomplicated, low-risk pregnancy. Such

services are performed by:

a. a licensed Advanced Practice Registered Nurse

recognized by the Oklahoma Board of Nursing as a

Certified Nurse-Midwife,

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b. a Certified Professional Midwife or Certified Midwife

licensed under Section 3040.6 of Title 59 of the

Oklahoma Statutes, or

c. a licensed allopathic or osteopathic physician.

Provided, however, licensure shall not be available or required for

birthing centers unless the birthing center is a hospital, in which

case the hospital shall be licensed as a hospital under Section 1-

702 of this title;

8. “Day treatment program” means nonresidential, partial

hospitalization programs, day treatment programs, and day hospital

programs as defined by subsection A of Section 175.20 of Title 10 of

the Oklahoma Statutes; and

9. a. “Primarily engaged” means a hospital shall be

primarily engaged, defined by this section and as

determined by the State Department of Health, in

providing to inpatients the following care by or under

the supervision of physicians:

(1) diagnostic services and therapeutic services for

medical diagnosis, treatment and care of injured,

disabled or sick persons, or
Oklahoma Statutes; and

9. a. “Primarily engaged” means a hospital shall be

primarily engaged, defined by this section and as

determined by the State Department of Health, in

providing to inpatients the following care by or under

the supervision of physicians:

(1) diagnostic services and therapeutic services for

medical diagnosis, treatment and care of injured,

disabled or sick persons, or

(2) rehabilitation services for the rehabilitation of

injured, disabled or sick persons.

b. In reaching a determination as to whether an entity is

primarily engaged in providing inpatient hospital

services to inpatients of a hospital, the Department

shall evaluate the total facility operations and

consider multiple factors as provided in subparagraphs

c and d of this paragraph.

c. In evaluating the total facility operations, the

Department shall review the actual provision of care

and services to two or more inpatients, and the

effects of that care, to assess whether the care

provided meets the needs of individual patients by way

of patient outcomes.

d. The factors that the Department shall consider for

determination of whether an entity meets the

definition of primarily engaged include, but are not

limited to:

(1) a minimum of four inpatient beds,

(2) the entity’s average daily census (ADC),

(3) the average length of stay (ALOS),

(4) the number of off-site campus outpatient

locations,

(5) the number of provider-based emergency

departments for the entity,

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(6) the number of inpatient beds related to the size

of the entity and the scope of the services

offered,

(7) the volume of outpatient surgical procedures

compared to the inpatient surgical procedures, if

surgical services are provided,

(8) staffing patterns, and

(9) patterns of ADC by day of the week.

e. Notwithstanding any other provision of this section,

an entity shall be considered primarily engaged in

providing inpatient hospital services to inpatients if

the hospital has had an ADC of at least two (2) and an

ALOS of at least two (2) midnights over the past

twelve (12) months. A critical access hospital shall

be exempt from the ADC and ALOS determination. ADC

shall be calculated by adding the midnight daily

census for each day of the twelve-month period and

then dividing the total number by days in the year. A

facility that has been operating for less than (12)

months at the time of the survey shall calculate its

ADC based on the number of months the facility has

been operational, but not less than three (3) months.

If a first survey finds noncompliance with the ADC and

ALOS, a second survey may be required by the

Department to demonstrate compliance with state

licensure.