{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-1949.4","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-1949.4","heading":"Duties of State Department of Health or Commissioner","body":"The State Department of Health or, as appropriate, the State\n\nCommissioner of Health shall:\n\n1. Develop and apply standards for approval of training and\n\neducation programs for long-term care administrators that meet the\n\naccreditation standards of the National Association of Long Term\n\nCare Administrator Boards and approve or offer training and\n\neducation programs, or both, as described in subsection F of Section\n\n1-1949.3 of this title;\n\n2. Develop, impose, and enforce standards which must be met by\n\nindividuals in order to receive a license or certification as a\n\nlong-term care administrator, which standards shall be designed to\n\nensure that long-term care administrators will be individuals who\n\nare of good character and are otherwise suitable, and who, by\n\ntraining or experience in the field of institutional administration,\n\nare qualified to serve as long-term care administrators;\n\n3. Develop and apply appropriate techniques, including\n\nexaminations and investigations, for determining whether an\n\nindividual meets such standards;\n\n4. Issue licenses or certifications to individuals determined,\n\nafter the application of such techniques, to meet such standards.\n\nThe Department may deny an initial application, deny a renewal\n\napplication, and revoke or suspend licenses or certifications\n\npreviously issued by the Department in any case where the individual\n\nholding any such license or certification is determined\n\nsubstantially to have failed to conform to the requirements of such\n\nstandards. The Department may also warn, censure, impose\n\nadministrative fines, or use other remedies that may be considered\n\nto be less than revocation and suspension. Administrative fines\n\nimposed pursuant to this section shall not exceed One Thousand\n\nDollars ($1,000.00) per violation. The Department shall consider\n\nthe scope, severity, and repetition of the violation and any\n\nadditional factors deemed appropriate by the Department when issuing\n\na fine. The Department may utilize one or more administrative law\n\njudges to conduct administrative proceedings;\n\n5. Establish and carry out procedures designed to ensure that\n\nindividuals licensed or certified as long-term care administrators\n\nwill, during any period that they serve as such, comply with the\n\nrequirements of such standards;\n\n6. Receive, investigate, and take appropriate action with\n\nrespect to any charge or complaint filed with the Department to the\n\neffect that any individual licensed as a long-term care\n\nadministrator has failed to comply with the requirements of such\n\nstandards. The Office of the State Long-Term Care Ombudsman shall\n\nbe notified of all complaint investigations of the Department so\n\nthat they may be present at any such complaint investigation for the\n\npurpose of representing long-term care facility consumers;\n\n7. Receive and take appropriate action on any complaint or\n\nreferral received by the Department from the Department of Human\n\nServices or any other regulatory agency. A complaint shall not be\n\npublished on the website of the Department unless there is a finding\n\nby the Department that the complaint has merit. The Commissioner\n\nshall promulgate rules that include, but are not limited to,\n\nprovisions for:\n\na. establishing a complaint review process,\n\nb. creating a formal complaint file,\n\nc. establishing a protocol for investigation of\n\ncomplaints, and\n\nd. establishing an independent informal dispute\n\nresolution process in accordance with Section 1-1949.7\n\nof this title;\n\n8. Enforce the provisions of the Long-Term Care Administrator\n\nLicensing Act against all persons who are in violation thereof\n\nincluding, but not limited to, individuals who are practicing or\n\nattempting to practice as long-term care administrators without\n\nproper authorization from the Department;\n\n9. Conduct a continuing study and investigation of long-term\nwith Section 1-1949.7\n\nof this title;\n\n8. Enforce the provisions of the Long-Term Care Administrator\n\nLicensing Act against all persons who are in violation thereof\n\nincluding, but not limited to, individuals who are practicing or\n\nattempting to practice as long-term care administrators without\n\nproper authorization from the Department;\n\n9. Conduct a continuing study and investigation of long-term\n\ncare facilities and administrators of long-term care facilities\n\nwithin the state with a view toward the improvement of the standards\n\nimposed for the licensing or certifying of such administrators and\n\nof procedures and methods for the enforcement of such standards with\n\nrespect to administrators of long-term care facilities who have been\n\nlicensed or certified;\n\n10. Cooperate with and provide assistance when necessary to\n\nstate regulatory agencies in investigations of complaints;\n\n11. Develop a code of ethics for long-term care administrators\n\nwhich includes, but is not limited to, a statement that\n\nadministrators have a fiduciary duty to the facility and cannot\n\nserve as guardian of the person or of the estate, or hold a durable\n\npower of attorney or power of attorney for any resident of a\n\nfacility of which they are an administrator;\n\n12. Report a final adverse action against a long-term care\n\nadministrator to the Healthcare Integrity and Protection Data Bank\n\npursuant to federal regulatory requirements;\n\n13. Refer completed investigations to the proper law\n\nenforcement authorities for prosecution of criminal activities;\n\n14. Impose administrative fines, in an amount to be determined\n\nby the Commissioner, against persons who do not comply with the\n\nprovisions of the Long-Term Care Administrator Licensing Act or the\n\nrules adopted by the Commissioner. Administrative fines imposed\n\npursuant to this section shall not exceed One Thousand Dollars\n\n($1,000.00) per violation. The Department shall consider the scope,\n\nseverity, and repetition of the violation and any additional factors\n\ndeemed appropriate by the Department when issuing a fine;\n\n15. Assess the costs of the hearing process, including attorney\n\nfees;\n\n16. Grant short-term provisional licenses to individuals who do\n\nnot meet all of the licensing requirements, provided the individual\n\nobtains the services of a currently licensed administrator to act as\n\na consultant and meets any additional criteria for a provisional\n\nlicense established by the Commissioner;\n\n17. Promulgate rules governing the employment of assistant\n\nadministrators including, but not limited to, minimum\n\nqualifications; and\n\n18. Employ such staff as may be necessary to carry out the\n\nduties of the Long-Term Care Administrator Licensing Act.","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":"f0fd9ce775a9de8f6fe138d9be6d40db6e1a623f3649ae1c25625be5ea6e3ef2","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-1949.3","next":"us-ok/okla.-stat.-tit.-63-63-1-1949.5"},"notice":"GroundRules: Original legal text. Not legal advice."}