Okla. Stat. tit. 63, § 63-1-860.6: First-year or permanent license - Application - Plan

for delivery of services - Term and renewal of license - Conditional

license.

A. No public or private agency or person shall establish,

conduct or maintain a hospice program or hold itself out to the

public as a hospice program without first obtaining a first-year or

permanent license from the State Department of Health.

B. An application for a hospice program first-year or permanent

license shall be filed on a form prescribed by the Department and

shall be accompanied by:

1. The first-year or permanent license fee required by Section

1-860.15 of this title;

2. Documentation of complete disclosure for the applicant which

shall include, but not be limited to, the name, mailing address and

finding address of every stockholder with at least five percent (5%)

ownership interest in the hospice program;

3. Satisfactory proof that the hospice program is in compliance

with the provisions of the Oklahoma Hospice Licensing Act and any

rules and minimum standards promulgated by the State Board of Health

pursuant to the Oklahoma Hospice Licensing Act; and

4. Proof of sufficient financial ability to operate and conduct

the hospice program in accordance with the requirements of the

Oklahoma Hospice Licensing Act.

C. The initial application shall be accompanied by a plan for

the delivery of home and inpatient hospice services to patients and

their families. Such plan shall contain, but not be limited to:

1. The estimated average number of patients to be served

monthly;

2. The geographic area in which hospice services will be

available;

3. A listing of services which are or will be provided, either

directly by the applicant or through contractual arrangements with

existing health care providers;

4. Provisions for the implementation of hospice home care

within three (3) months of licensure;

5. The name and qualifications of any existing or potential

health care provider with whom the hospice program may enter into a

contract;

6. The projected annual operating cost of the hospice program;

and

7. The location and proposed construction drawings for any

hospice inpatient facility operated by the hospice program. A

licensed hospice program shall not operate more than one hospice

inpatient facility.

D. Unless suspended or revoked, a first-year license issued for

the operation of a hospice program shall expire automatically one

(1) year from the date of issuance; provided, this provision shall

not apply if the Department has not completed a follow-up survey of

the hospice program. The Department may renew a first-year license

for up to one (1) additional year beyond the expiration date if the

applicant has complied with the provisions of the Oklahoma Hospice

Licensing Act and the rules promulgated by the Board for the

operation of a hospice program under a first-year license.

E. Unless suspended or revoked, a permanent license issued for

the operation of a hospice program shall expire automatically one

ar license

for up to one (1) additional year beyond the expiration date if the

applicant has complied with the provisions of the Oklahoma Hospice

Licensing Act and the rules promulgated by the Board for the

operation of a hospice program under a first-year license.

E. Unless suspended or revoked, a permanent license issued for

the operation of a hospice program shall expire automatically one

(1) year from the date of issuance. At least sixty (60) days prior

to the expiration date, an application for license renewal shall be

submitted to the Department on forms furnished by the Department.

The license shall be renewed if the applicant has complied with the

provisions of the Oklahoma Hospice Licensing Act and all rules

promulgated by the Board pursuant to the provisions of the Oklahoma

Hospice Licensing Act. The application for license renewal shall be

accompanied by an update of the plan for delivery of hospice

services only if information contained in the plan submitted

pursuant to subsection C of this section is no longer applicable.

F. A hospice program for which a revocation or suspension

proceeding is pending at the time of license renewal may be issued a

conditional license effective until final disposition by the

Department of such proceeding. If judicial relief is sought from

the final disposition, the court having jurisdiction may issue a

conditional permit for the duration of the judicial proceeding.

G. The license shall:

1. Be displayed in a conspicuous place inside the hospice

program office;

2. Be valid only in the possession of the person or public

agency to which it is issued;

3. Not be subject to sale, assignment, or other transfer,

voluntary or involuntary;

4. Not be valid for any hospice program other than the hospice

program for which the license was originally issued; and

5. Restrict the number of patients in a hospice inpatient

facility to the Department-approved occupancy level for each

facility.

H. Any person who, prior to January 1, 1991, provided hospice

services to any patient shall be entitled to operate as a hospice

program pursuant to the provisions of the Oklahoma Hospice Licensing

Act without making application and obtaining a license pursuant to

the provisions of the Oklahoma Hospice Licensing Act for one (1)

year after September 1, 1991, provided such person otherwise

complies with the provisions of the Oklahoma Hospice Licensing Act

and all rules promulgated by the Board pursuant to the act.

Thereafter any person providing hospice services shall make

application, obtain a license, and comply with the provisions of the

Oklahoma Hospice Licensing Act and all rules promulgated by the

Board pursuant to the act.