{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-1906","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-1906","heading":"Issuance and renewal of licenses - Initial license -","body":"Denial of application - Notice of denial - Suspension or revocation\n\n- Administrative penalties - Effective date of nonrenewal or\n\nrevocation - Application following revocation.\n\nA. The State Commissioner of Health shall issue and renew\n\nlicenses for the operation of facilities which are found to comply\n\nwith the provisions of the Nursing Home Care Act, and standards and\n\nrules of the State Board of Health.\n\nB. For any new facility or for any facility that has undergone\n\na transfer of ownership or operation the State Department of Health\n\nshall issue only an initial license. An initial license shall be\n\nvalid for one hundred eighty (180) days unless sooner suspended or\n\nrevoked under this act. Prior to the termination of an initial\n\nlicense, the Department shall fully and completely inspect the\n\nfacility and, if the facility meets the applicable requirements for\n\nlicensure, shall issue a license under this act. If the Department\n\nfinds that the facility does not meet the requirements for licensure\n\nbut has made substantial progress toward meeting those requirements,\n\nthe initial license may be extended once for a period not to exceed\n\none hundred twenty (120) days from the expiration date of the\n\ninitial license.\n\nC. An application for a license may be denied for any of the\n\nfollowing reasons:\n\n1. Failure to meet any of the minimum standards set forth by\n\nthis act or by rules promulgated by the Board under this act;\n\n2. Conviction of the applicant, or of any member of an\n\napplicant that is a firm, partnership or association or, if a\n\ncorporation, the conviction of the corporation or any of its\n\nofficers or a majority stockholder, or of a person designated to\n\nmanage or supervise a facility, of a felony, meaning a crime that\n\nwould have a bearing on the operation of a nursing home, the\n\nconviction to be shown by a certified copy of the record of the\n\ncourt of conviction, if the Department determines, after\n\ninvestigation, that such applicant has not been sufficiently\n\nrehabilitated to warrant the public trust, or other satisfactory\n\nevidence that the moral character of the applicant, or\n\nadministrator, or manager, or supervisor of the facility is not\n\nreputable;\n\n3. Personnel insufficient in number or unqualified by training\n\nor experience properly to care for the proposed number and type of\n\nresidents to be determined by standards set by the Department with\n\nthe standards not being less than those set by federal statute; or\n\n4. Insufficient financial or other resources that would render\n\na facility incapable of providing adequate patient care.\n\nD. Immediately upon the denial of any application or\n\nreapplication for a license under this act, the Department shall\n\nnotify the applicant in writing. Notice of denial shall include a\n\nclear and concise statement of the violations on which denial is\n\nbased and notice of the opportunity for a hearing. If the applicant\n\ndesires to contest the denial of a license, it shall provide written\n\nnotice to the Department of a request for a hearing within ten (10)\n\ndays after receipt of the notice of denial and the Department shall\n\ncommence the hearing.\n\nE. The Commissioner may suspend or revoke a license on any of\n\nthe following grounds:\n\n1. Violation of any of the provisions of this act or the rules,\n\nregulations and standards issued pursuant thereto;\n\n2. Permitting, aiding or abetting the commission of any illegal\n\nact in a licensed facility;\n\n3. Conduct of practices deemed by the Commissioner to be\n\ndetrimental to the welfare of the patients or residents of a\n\nfacility;\n\n4. Insufficient financial or other resources that would render\n\na facility incapable of providing adequate patient care; or\n\n5. The facility has closed.\n\nF. 1. The Department, after notice to the applicant or\n\nlicensee, may suspend, revoke, refuse to renew a license or assess\n\nadministrative penalties in any case in which the Department finds\ne welfare of the patients or residents of a\n\nfacility;\n\n4. Insufficient financial or other resources that would render\n\na facility incapable of providing adequate patient care; or\n\n5. The facility has closed.\n\nF. 1. The Department, after notice to the applicant or\n\nlicensee, may suspend, revoke, refuse to renew a license or assess\n\nadministrative penalties in any case in which the Department finds\n\nthat there has been a substantial failure to comply with this act or\n\nthe rules promulgated by the Board under this act;\n\n2. Notice under this section shall include a clear and concise\n\nstatement of the violations on which the nonrenewal, revocation or\n\nadministrative penalty is based, the statute or rule violated and\n\nnotice of the opportunity for a hearing;\n\n3. If a facility desires to contest the nonrenewal or\n\nrevocation of a license or the assessment of administrative\n\npenalties, the facility shall, within ten (10) days after receipt of\n\nnotice under paragraph 2 of this section, notify the Commissioner in\n\nwriting of its request for a hearing. Upon receipt of the request\n\nthe Commissioner shall send notice to the facility and hold a\n\nhearing;\n\n4. The effective date of nonrenewal or revocation of a license\n\nby the Commissioner shall be any of the following:\n\na. until otherwise ordered by the district court,\n\nrevocation is effective on the date set by the\n\nCommissioner in the notice of revocation, or upon\n\nfinal action after hearing, whichever is later,\n\nb. until otherwise ordered by the district court,\n\nnonrenewal is effective on the date of expiration of\n\nany existing license, or upon final action after\n\nhearing, whichever is later, or\n\nc. the Department may extend the effective date of\n\nlicense revocation or expiration in any case in order\n\nto permit orderly removal and relocation of residents.\n\nG. A new application, following revocation, shall be considered\n\nby the Commissioner on receipt of evidence that the conditions upon\n\nwhich revocation was based have been corrected; and a new license\n\nmay then be granted after proper inspection has been made and all\n\nprovisions of this act have been complied with, and the rules,\n\nregulations and standards of the Board have been satisfied.\n\nH. The Department may suspend, for a period not to exceed three\n\n(3) years, the license of a facility that has temporarily closed or\n\nceased operations for remodeling, renovation, replacement or\n\nrelocation, or that has closed or ceased operations pending a change\n\nof ownership, operator or management.\n\n1. The facility shall provide periodic reports to the\n\nDepartment not less than once every six (6) months demonstrating the\n\nfacility’s progress towards reopening.\n\n2. The Department may extend the period of suspension upon a\n\ndemonstration of extenuating or unusual circumstances, a clear\n\nshowing of good faith efforts to proceed towards the reopening of\n\nthe facility, and a determination by the Department that a\n\ncontinuation of the period of suspension poses no harm to the\n\npublic.\n\n3. Whenever, after receipt of a six-month report, the\n\nDepartment determines that there has been no progress towards\n\nreopening the facility, no demonstration of extenuating or unusual\n\ncircumstances or clear showing of good faith efforts to proceed\n\ntowards the reopening of the facility, the Department may initiate a\n\nproceeding to revoke the license of the facility.\n\n4. At or before the conclusion of the suspension period, the\n\nfacility shall meet applicable requirements for licensure and shall\n\nreopen, or the license shall expire.\n\n5. Any closed facility that has a suspended license on the\n\neffective date of this act may be issued a suspended license for a\n\nperiod not to exceed three (3) years from the effective date of this\n\nact.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"9c0e8cbd925a7c23711841fe78f3efff4563ebc59c8106ed2d4705db98605834","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-1905","next":"us-ok/okla.-stat.-tit.-63-63-1-1908"},"notice":"GroundRules: Original legal text. Not legal advice."}