Okla. Stat. tit. 63, § 63-1-890.8

services - Plan of accommodation for certain disabled residents.

A. Residents of an assisted living center may receive home care

services and intermittent, periodic, or recurrent nursing care

through a home care agency under the provisions of the Home Care

Act.

B. Residents of an assisted living center may receive hospice

home services under the provisions of the Oklahoma Hospice Licensing

Act.

C. Nothing in the foregoing provisions shall be construed to

prohibit any resident of an assisted living center from receiving

such services from any person who is exempt from the provisions of

the Home Care Act.

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D. The assisted living center shall monitor and assure the

delivery of those services. All nursing services shall be in

accordance with the written orders of the personal or attending

physician of the resident.

E. A resident of an assisted living center or the family or

legal representative of the resident shall be required to disclose

any third-party provider of medical services or supplies prior to

service delivery.

F. Any third-party provider of medical services or supplies

shall comply with the provisions of subsection D of this section.

G. Notwithstanding the foregoing provisions, a resident of an

assisted living center, or the family or legal representative of the

resident, may privately contract or arrange for private nursing

services under the orders and supervision of the personal or

attending physician of the resident, private monitoring, private

sitters or companions, personal domestic servants, or personal

staff.

H. If a resident of an assisted living center develops a

disability or a condition that is consistent with the facility's

discharge criteria:

1. The personal or attending physician of a resident, a

representative of the assisted living center, and the resident or

the designated representative of the resident shall determine by and

through a consensus of the foregoing persons any reasonable and

necessary accommodations, in accordance with the current building

codes, the rules of the State Fire Marshal, and the requirements of

the local fire jurisdiction, and additional services required to

permit the resident to remain in place in the assisted living center

as the least restrictive environment and with privacy and dignity;

2. All accommodations or additional services shall be described

in a written plan of accommodation, signed by the personal or

attending physician of the resident, a representative of the

assisted living center and the resident or the designated

representative of the resident;

3. The person or persons responsible for performing, monitoring

and assuring compliance with the plan of accommodation shall be

expressly specified in the plan of accommodation and shall include

the assisted living center and any of the following:

a. the personal or attending physician of the resident,

b. a home care agency,

c. a hospice, or

d. other designated persons.

The plan of accommodation shall be reviewed at least quarterly

by a licensed health care professional;

4. If the parties identified in paragraph 1 of this subsection

fail to reach a consensus on a plan of accommodation, the assisted

living center shall give written notice to the resident, the legal

Oklahoma Statutes - Title 63. Public Health and Safety Page 554

representative of the resident or such persons as are designated in

the resident's contract with the assisted living center, of the

termination of the residency of the resident in the assisted living

center in accordance with the provisions of the resident's contract

with the assisted living center. Such notice shall not be less than

thirty (30) calendar days prior to the date of termination, unless

the assisted living center or the personal or attending physician of

the resident determines the resident is in imminent peril or the
on of the residency of the resident in the assisted living

center in accordance with the provisions of the resident's contract

with the assisted living center. Such notice shall not be less than

thirty (30) calendar days prior to the date of termination, unless

the assisted living center or the personal or attending physician of

the resident determines the resident is in imminent peril or the

continued residency of the resident places other persons at risk of

imminent harm;

5. If any party identified in paragraph 1 of this subsection

determines that the plan of accommodation is not being met, such

party shall notify the other parties and a meeting shall be held

between the parties within ten (10) business days to re-evaluate the

plan of accommodation; and

6. Any resident aggrieved by a decision to terminate residency

may seek injunctive relief in the district court of the county in

which the assisted living center is located. Such action shall be

filed no later than ten (10) days after the receipt of the written

notice of termination.

I. When an antipsychotic drug is prescribed for a resident, the

assisted living center shall do all of the following:

1. Ensure the resident is reassessed by a physician, physician

assistant, Advanced Practice Registered Nurse or registered nurse,

as needed, but at least quarterly, for the effectiveness and

possible side effects of the medication. The results of the

assessments shall be documented in the resident's record and

provided to the resident or the representative of the resident;

2. Ensure all resident care staff administering medications

understand the potential benefits and side effects of the

medications; and

3. When an antipsychotic drug is prescribed on an as-needed

basis (PRN) for a resident, the assisted living center shall:

a. document in the resident's record the rationale for

use and a detailed description of the condition which

indicates the need for administration of a PRN

antipsychotic drug,

b. monitor the use of PRN antipsychotic drugs for

potential harm to the resident, including, but not

limited to, the presence of significant adverse side

effects, use of the drugs for inappropriate purposes

such as discipline or staff convenience, or use

contrary to the prescription. The monitoring required

by this subparagraph shall be conducted by a licensed

health care professional and shall occur at least

monthly, and

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c. document in the resident's record the results of the

monitoring required in subparagraph b of this

paragraph, including, but not limited to, the

effectiveness of the medication, the presence of any

side effects, and any inappropriate use for each PRN

antipsychotic drug given.

J. Nothing in this section shall be construed to abrogate an

assisted living center's responsibility to provide care for and

oversight of a resident.