Okla. Stat. tit. 63, § 63-1-821: Rules - Powers and duties

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:

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,

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,

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.