Okla. Stat. tit. 63, § 63-1-829

A. Every residential care home for which a license has been

issued shall be inspected by a duly appointed representative of the

State Department of Health pursuant to rules promulgated by the

State Commissioner of Health with the advice and counsel of the

Long-Term Care Facility Advisory Board. Inspection reports shall be

prepared on forms prescribed by the Department with the advice and

counsel of the Advisory Board.

B. 1. The Department shall at least one time a year and

whenever it deems necessary inspect, survey, and evaluate each home

to determine compliance with applicable licensure rules.

2. An inspection, investigation, survey, or evaluation shall be

either announced or unannounced. The Commissioner shall promulgate

Oklahoma Statutes - Title 63. Public Health and Safety Page 480

rules determining the criteria when an inspection, investigation,

survey, or evaluation shall be unannounced or may be announced by

the Department. Any licensee, applicant for a license, or operator

of any unlicensed facility shall be deemed to have given consent to

any duly authorized employee or agent of the Department to enter and

inspect the home in accordance with the provisions of the

Residential Care Act. Refusal to permit such entry or inspection

shall constitute grounds for the denial, nonrenewal, suspension, or

revocation of a license as well as emergency transfer of all

residents.

3. Any employee of the Department who discloses to any

unauthorized person, prior to an inspection, information regarding

an unannounced residential care home inspection that is required

pursuant to the provisions of the Residential Care Act shall, upon

conviction thereof, be guilty of a misdemeanor. In addition, such

action shall be construed to be a misuse of office and punishable as

a violation of rules promulgated by the Ethics Commission.

One person may be invited from a statewide organization of older

adults or persons with disabilities by the Department to act as a

citizen observer in any inspection.

C. The Department shall maintain a log, updated at least

monthly and available for public inspection, which shall at a

minimum detail:

1. The name of the home and date of inspection, investigation,

survey, or evaluation;

2. Any deficiencies, lack of compliance, or violation noted at

the inspection, investigation, survey, or evaluation;

3. The date a notice of violation, license denial, nonrenewal,

suspension, or revocation was issued or other enforcement action

occurred;

4. The date a plan of correction was submitted and the date the

plan was approved;

5. The date corrections were completed, as verified by an

inspection; and

6. If the inspection or investigation was made pursuant to the

receipt of a complaint, the date such complaint was received and the

date the complainant was notified of the results of the inspection

or investigation.

D. The Department may require the residential care home to

submit periodic reports. The Department shall have access to books,

records, and other documents maintained by the home to the extent

necessary to implement the provisions of the Residential Care Act

and the rules promulgated by the Commissioner pursuant thereto.

E. The Department shall make at least one annual report on each

home in the state. The report shall include all conditions and

practices not in compliance with the provisions of the Residential

Care Act or rules promulgated pursuant thereto within the last year

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and, if a violation is corrected, or is subject to an approved plan

of correction. The Department shall send a copy of the report to

any person upon receiving a written request. The Department may

charge a reasonable fee to cover the cost of copying and mailing the

report.

F. A representative of the Office of the State Long-Term Care

Ombudsman or case manager employed by the Department of Mental
if a violation is corrected, or is subject to an approved plan

of correction. The Department shall send a copy of the report to

any person upon receiving a written request. The Department may

charge a reasonable fee to cover the cost of copying and mailing the

report.

F. A representative of the Office of the State Long-Term Care

Ombudsman or case manager employed by the Department of Mental

Health and Substance Abuse Services or one of its contract agencies

is authorized to accompany and shall be notified by the Department

of any inspection conducted of any home licensed pursuant to the

provisions of the Residential Care Act. The State Long-Term Care

Ombudsman or a representative of the Office is authorized to enter

any home licensed pursuant to the provisions of the Residential Care

Act, communicate privately and without unreasonable restriction with

any resident of a home who consents to such communication, to seek

consent to communicate privately and without restriction with any

resident of a home, and to observe all areas of a home that directly

pertain to the care of a resident of a home.

G. Following any inspection by the Department, pursuant to the

provisions of this section, all reports relating to the inspection

shall be filed in the county office of the Department of Human

Services in which the home is located and with the Department of

Mental Health and Substance Abuse Services.