Okla. Stat. tit. 63, § 63-1-821
This is the official text of Okla. Stat. tit. 63, § 63-1-821, part of Oklahoma’s Stat. tit. 63, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 63,." Browse the sections below, each linked to its official government source.
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Rules - Powers and duties
Official statutory text
A. The State Board of Health shall promulgate rules to enforce
the provisions of the Residential Care Act which shall include, but
not be limited to, provisions for temperature settings, lighting,
ventilation, and other physical conditions that affect the health,
safety and welfare of the residents in a home. Residential care
homes that provide care for three or fewer residents shall be
subject to the provisions of the Residential Care Act; provided,
however, if such rules unduly restrict operation of the home, the
Board shall be authorized and shall promulgate additional rules for
residential care homes based upon the number of residents in a home.
B. The State Department of Health shall have the power and duty
to:
1. Issue, renew, deny, modify, suspend, and revoke licenses for
homes pursuant to the provisions of the Residential Care Act;
2. Enforce the provisions of the Residential Care Act and any
rules promulgated pursuant thereto by the Board, and require the
submission and review of reports from any person establishing or
operating a home;
3. Enter upon any public or private property for the purpose
of:
Oklahoma Statutes - Title 63. Public Health and Safety Page 472
a. inspecting and investigating conditions of the
residents in the home,
b. inspecting and investigating the home for compliance
with the provisions of the Residential Care Act or
rules promulgated pursuant thereto, or
c. determining if services are being provided without a
license;
4. Employ or designate personnel to conduct investigations and
inspections, to make reports of the condition of homes and the
residents of such homes, and to take necessary action pursuant to
the provisions of the Residential Care Act to protect and safeguard
the health, safety, and welfare of residents of homes;
5. Establish a procedure for receipt and investigation of
complaints regarding a home or concerning the condition, care, and
treatment of a resident of a home;
6. Report to the district attorney having jurisdiction or the
Attorney General any act committed by an owner, administrator,
operator, or employee of a home which may constitute a misdemeanor
pursuant to the provisions of the Residential Care Act;
7. Advise, consult, and cooperate with other agencies of this
state, the federal government, other states and interstate agencies,
and with affected groups and political subdivisions to further the
purposes of the provisions of the Residential Care Act;
8. Investigate, request or otherwise obtain the information
necessary to determine the qualifications and background of an
applicant for licensure;
9. Establish civil penalties for violations of the provisions
of the Residential Care Act as authorized by the Board pursuant to
the provisions of the Residential Care Act;
10. Institute and maintain or intervene in any action or
proceeding where deemed necessary by the Department to protect the
health, safety, and welfare of any resident of a home;
11. Assure the accountability for reimbursed care provided in
certified homes participating in a federal or state health program
as provided by or through the Department of Human Services;
12. Advise, consult, cooperate and assist with technology
center schools or institutions of higher education in this state in
providing the training of persons to distribute and administer
medication to a resident of a home;
13. Transfer or discharge a resident or otherwise protect the
health, safety, and welfare of any resident of a home; and
14. Exercise all incidental powers as necessary and proper for
the administration of the Residential Care Act.
C. To improve patient care, the Department shall hold a public
meeting at least once every four (4) years in each of the licensed
homes to advise and to facilitate communication and cooperation
between personnel of the home and the residents. Administrators,
Oklahoma Statutes - Title 63. Public Health and Safety Page 473
ecessary and proper for
the administration of the Residential Care Act.
C. To improve patient care, the Department shall hold a public
meeting at least once every four (4) years in each of the licensed
homes to advise and to facilitate communication and cooperation
between personnel of the home and the residents. Administrators,
Oklahoma Statutes - Title 63. Public Health and Safety Page 473
employees of the home, residents, friends and relatives of the
residents, representatives of the residents, and employees from
appropriate state and federal agencies shall be invited and
encouraged to attend such meetings.
the provisions of the Residential Care Act which shall include, but
not be limited to, provisions for temperature settings, lighting,
ventilation, and other physical conditions that affect the health,
safety and welfare of the residents in a home. Residential care
homes that provide care for three or fewer residents shall be
subject to the provisions of the Residential Care Act; provided,
however, if such rules unduly restrict operation of the home, the
Board shall be authorized and shall promulgate additional rules for
residential care homes based upon the number of residents in a home.
B. The State Department of Health shall have the power and duty
to:
1. Issue, renew, deny, modify, suspend, and revoke licenses for
homes pursuant to the provisions of the Residential Care Act;
2. Enforce the provisions of the Residential Care Act and any
rules promulgated pursuant thereto by the Board, and require the
submission and review of reports from any person establishing or
operating a home;
3. Enter upon any public or private property for the purpose
of:
Oklahoma Statutes - Title 63. Public Health and Safety Page 472
a. inspecting and investigating conditions of the
residents in the home,
b. inspecting and investigating the home for compliance
with the provisions of the Residential Care Act or
rules promulgated pursuant thereto, or
c. determining if services are being provided without a
license;
4. Employ or designate personnel to conduct investigations and
inspections, to make reports of the condition of homes and the
residents of such homes, and to take necessary action pursuant to
the provisions of the Residential Care Act to protect and safeguard
the health, safety, and welfare of residents of homes;
5. Establish a procedure for receipt and investigation of
complaints regarding a home or concerning the condition, care, and
treatment of a resident of a home;
6. Report to the district attorney having jurisdiction or the
Attorney General any act committed by an owner, administrator,
operator, or employee of a home which may constitute a misdemeanor
pursuant to the provisions of the Residential Care Act;
7. Advise, consult, and cooperate with other agencies of this
state, the federal government, other states and interstate agencies,
and with affected groups and political subdivisions to further the
purposes of the provisions of the Residential Care Act;
8. Investigate, request or otherwise obtain the information
necessary to determine the qualifications and background of an
applicant for licensure;
9. Establish civil penalties for violations of the provisions
of the Residential Care Act as authorized by the Board pursuant to
the provisions of the Residential Care Act;
10. Institute and maintain or intervene in any action or
proceeding where deemed necessary by the Department to protect the
health, safety, and welfare of any resident of a home;
11. Assure the accountability for reimbursed care provided in
certified homes participating in a federal or state health program
as provided by or through the Department of Human Services;
12. Advise, consult, cooperate and assist with technology
center schools or institutions of higher education in this state in
providing the training of persons to distribute and administer
medication to a resident of a home;
13. Transfer or discharge a resident or otherwise protect the
health, safety, and welfare of any resident of a home; and
14. Exercise all incidental powers as necessary and proper for
the administration of the Residential Care Act.
C. To improve patient care, the Department shall hold a public
meeting at least once every four (4) years in each of the licensed
homes to advise and to facilitate communication and cooperation
between personnel of the home and the residents. Administrators,
Oklahoma Statutes - Title 63. Public Health and Safety Page 473
ecessary and proper for
the administration of the Residential Care Act.
C. To improve patient care, the Department shall hold a public
meeting at least once every four (4) years in each of the licensed
homes to advise and to facilitate communication and cooperation
between personnel of the home and the residents. Administrators,
Oklahoma Statutes - Title 63. Public Health and Safety Page 473
employees of the home, residents, friends and relatives of the
residents, representatives of the residents, and employees from
appropriate state and federal agencies shall be invited and
encouraged to attend such meetings.
Status: in_force · Read it on the official government site
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