Okla. Stat. tit. 63, § 63-1-1904: Licensure and certification - Purpose - Procedure -

Violations - Applications.

A. The State Department of Health shall establish a

comprehensive system of licensure and certification for facilities

in accordance with the Nursing Home Care Act for the purposes of:

1. Protecting the health, welfare and safety of residents;

2. Assuring the accountability for reimbursed care provided in

certified facilities participating in a federal or state health

program as provided by or through the Oklahoma Health Care

Authority; and

3. Assuring consistent application of uniform inspection

protocols.

B. The licensing and certification procedures and standards

provided in this act, or by rules of the State Board of Health,

shall be no less than provided in statute and rules currently

governing nursing facilities.

C. It shall be unlawful and upon conviction thereof, punishable

as a misdemeanor for any person to operate, manage or open a

facility unless such operation and management shall have been

approved and regularly licensed as hereinafter provided.

D. Before an initial license shall be issued pursuant to the

Nursing Home Care Act to operate and manage a facility, the

applicant shall provide the following:

1. An application on a form provided by the Department

containing, at a minimum, the following information:

a. the name and address of the applicant, if an

individual, and that the applicant is not less than

twenty-one (21) years of age, of reputable and

responsible character, and in sound physical and

mental health; and if a firm, partnership, or

association, of every member thereof; and in the case

of a corporation, the name and address thereof and of

its officers and its registered agent and like

evidence for officers, as submitted for an individual,

b. the name and location of the facility for which a

license is sought,

c. the name and address of the person or persons under

whose management or supervision the facility will be

conducted, and a copy of the written agreement between

the manager and the applicant,

d. the name and address of any other person holding an

interest of at least five percent (5%) in the

ownership, operation or management of the facility,

e. the number and type of residents for which

maintenance, personal care, specialized or nursing

facility services are to be provided, and

f. a projected staffing pattern for providing patient

care;

2. A statement from the unit of local government having zoning

jurisdiction over the facility's location stating that the location

of the facility is not in violation of a zoning ordinance; and

3. Documentation that the administrator is the holder of a

current license as a Nursing Home Administrator issued by the

Oklahoma State Board of Examiners for Nursing Home Administrators.

E. Before issuing an initial license, the Department shall find

that the individual applicant, or the corporation, partnership or

other entity, if the applicant is not an individual, is a person

responsible and suitable to operate or to direct or participate in

the operation of a facility by virtue of financial capacity,

appropriate business or professional experience, a record of

compliance with lawful orders of the Department and lack of

revocation of a license during the previous five (5) years. In

determining the applicant's responsibility and suitability to

operate or to direct or participate in the operation of a facility,

the Department may also consider the applicant's record of

suspensions, receivership, administrative penalties, or

noncompliance with lawful orders of this Department or of other

departments of other states with similar responsibilities.