{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-1951","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-1951","heading":"Certification, training and registration","body":"A. The State Department of Health shall have the power and duty\n\nto:\n\n1. Issue certificates of training and competency for nurse\n\naides;\n\n2. Approve training and competency programs including, but not\n\nlimited to, education-based programs and employer-based programs,\n\nincluding those programs established pursuant to Section 223.1 of\n\nTitle 72 of the Oklahoma Statutes;\n\n3. Determine curricula and standards for training and\n\ncompetency programs. The Department shall require such training to\n\ninclude a minimum of ten (10) hours of training in the care of\n\nAlzheimer's patients;\n\n4. Establish and maintain a registry for certified nurse aides\n\nand for nurse aide trainees;\n\n5. Establish categories and standards for nurse aide\n\ncertification and registration, including feeding assistants as\n\ndefined in 42 CFR Parts 483 and 488;\n\n6. Exercise all incidental powers as necessary and proper to\n\nimplement and enforce the provisions of this section; and\n\n7. Suspend or revoke any certification issued to any nurse\n\naide, if:\n\na. the nurse aide is found to meet any of the\n\nrequirements contained in subsection D of Section 1-\n\n1947 of this title,\n\nb. the nurse aide is found to meet any of the\n\nrequirements contained in subsection C of Section 1-\n\n1950.1 of this title, or\n\nc. the nurse aide is found to have committed abuse,\n\nneglect or exploitation of a resident or\n\nmisappropriation of resident or client property\n\npursuant to the requirements contained in paragraph 7\n\nof subsection D of this section. The action to revoke\n\nor suspend may be included with the filing of any\n\naction pursuant to the requirements of paragraph 7 of\n\nsubsection D of this section.\n\nB. The State Board of Health shall promulgate rules to\n\nimplement the provisions of this section and shall have power to\n\nassess fees.\n\n1. Each person certified as a nurse aide pursuant to the\n\nprovisions of this section shall be required to pay certification\n\nand recertification fees in amounts to be determined by the State\n\nBoard of Health, not to exceed Fifteen Dollars ($15.00).\n\n2. In addition to the certification and recertification fees,\n\nthe State Board of Health may impose fees for training or education\n\nprograms conducted or approved by the Department, except for those\n\nprograms operated by the Oklahoma Department of Veterans Affairs.\n\n3. All revenues collected as a result of fees authorized in\n\nthis section and imposed by the Board shall be deposited into the\n\nPublic Health Special Fund.\n\nC. Only a person who has qualified as a certified nurse aide\n\nand who holds a valid current nurse aide certificate for use in this\n\nstate shall have the right and privilege of using the title\n\nCertified Nurse Aide and to use the abbreviation CNA after the name\n\nof such person. Any person who violates the provisions of this\n\nsection shall be subject to a civil monetary penalty to be assessed\n\nby the Department.\n\nD. A person qualified by the Department as a certified nurse\n\naide shall be deemed to have met the requirements to work as a home\n\nhealth aide pursuant to the provisions of the Home Care Act and\n\nshall require no further licensure for performing services within\n\nthe scope of practice of home health aides.\n\nE. 1. The State Department of Health shall establish and\n\nmaintain a certified nurse aide, nurse aide trainee and feeding\n\nassistant registry that:\n\na. is sufficiently accessible to promptly meet the needs\n\nof the public and employers, and\n\nb. provides a process for notification and investigation\n\nof alleged abuse, exploitation or neglect of residents\n\nof a facility or home, clients of an agency or center,\n\nor of misappropriation of resident or client property.\n\n2. The registry shall contain information as to whether a nurse\n\naide has:\n\na. successfully completed a certified nurse aide training\n\nand competency examination,\n\nb. met all the requirements for certification, or\n\nc. received a waiver from the Board.\nxploitation or neglect of residents\n\nof a facility or home, clients of an agency or center,\n\nor of misappropriation of resident or client property.\n\n2. The registry shall contain information as to whether a nurse\n\naide has:\n\na. successfully completed a certified nurse aide training\n\nand competency examination,\n\nb. met all the requirements for certification, or\n\nc. received a waiver from the Board.\n\n3. The registry shall include, but not be limited to, the\n\nfollowing information on each certified nurse aide or nurse aide\n\ntrainee:\n\na. the full name of the individual,\n\nb. information necessary to identify each individual.\n\nCertified nurse aides and nurse aide trainees shall\n\nmaintain with the registry current residential\n\naddresses and shall notify the registry, in writing,\n\nof any change of name. Notification of change of name\n\nshall require certified copies of any marriage license\n\nor other court document which reflects the change of\n\nname. Notice of change of address or telephone number\n\nshall be made within ten (10) days of the effected\n\nchange. Notice shall not be accepted over the phone,\n\nc. the date the individual became eligible for placement\n\nin the registry, and\n\nd. information on any finding of the Department of abuse,\n\nneglect or exploitation by the certified nurse aide or\n\nnurse aide trainee, including:\n\n(1) documentation of the Department's investigation,\n\nincluding the nature of the allegation and the\n\nevidence that led the Department to confirm the\n\nallegation,\n\n(2) the date of the hearing, if requested by the\n\ncertified nurse aide or nurse aide trainee, and\n\n(3) statement by the individual disputing the finding\n\nif the individual chooses to make one.\n\n4. The Department shall include the information specified in\n\nsubparagraph d of paragraph 3 of this subsection in the registry\n\nwithin ten (10) working days of the substantiating finding and it\n\nshall remain in the registry, unless:\n\na. it has been determined by an administrative law judge,\n\na district court or an appeal court that the finding\n\nwas in error, or\n\nb. the Board is notified of the death of the certified\n\nnurse aide or nurse aide trainee.\n\n5. Upon receipt of an allegation of abuse, exploitation or\n\nneglect of a resident or client, or an allegation of\n\nmisappropriation of resident or client property by a certified nurse\n\naide or nurse aide trainee, the Department shall place a pending\n\nnotation in the registry until a final determination has been made.\n\nIf the investigation, or administrative hearing held to determine\n\nwhether the certified nurse aide or nurse aide trainee is in\n\nviolation of the law or rules promulgated pursuant thereto, reveals\n\nthat the abuse, exploitation or neglect, or misappropriation of\n\nresident or client property was unsubstantiated, the pending\n\nnotation shall be removed within twenty-four (24) hours of receipt\n\nof notice by the Department.\n\n6. The Department shall, after notice to the individuals\n\ninvolved and a reasonable opportunity for a hearing, make a finding\n\nas to the accuracy of the allegations.\n\n7. If the Department after notice and opportunity for hearing\n\ndetermines with clear and convincing evidence that abuse, neglect or\n\nexploitation, or misappropriation of resident or client property has\n\noccurred and the alleged perpetrator is the person who committed the\n\nprohibited act, notice of the findings shall be sent to the nurse\n\naide and to the district attorney for the county where the abuse,\n\nneglect or exploitation, or misappropriation of resident or client\n\nproperty occurred and to the Medicaid Fraud Control Unit of the\n\nAttorney General's Office. Notice of ineligibility to work as a\n\nnurse aide in a long-term care facility, a residential care\n\nfacility, assisted living facility, day care facility, or any entity\n\nthat requires certification of nurse aides, and notice of any\ne abuse,\n\nneglect or exploitation, or misappropriation of resident or client\n\nproperty occurred and to the Medicaid Fraud Control Unit of the\n\nAttorney General's Office. Notice of ineligibility to work as a\n\nnurse aide in a long-term care facility, a residential care\n\nfacility, assisted living facility, day care facility, or any entity\n\nthat requires certification of nurse aides, and notice of any\n\nfurther appeal rights shall also be sent to the nurse aide.\n\n8. In any proceeding in which the Department is required to\n\nserve notice or an order on an individual, the Department may send\n\nwritten correspondence to the address on file with the registry. If\n\nthe correspondence is returned and a notation of the United States\n\nPostal Service indicates \"unclaimed\" or \"moved\" or \"refused\" or any\n\nother nondelivery markings and the records of the registry indicate\n\nthat no change of address as required by this subsection has been\n\nreceived by the registry, the notice and any subsequent notices or\n\norders shall be deemed by the court as having been legally served\n\nfor all purposes.\n\n9. The Department shall require that each facility check the\n\nnurse aide registry before hiring a person to work as a nurse aide.\n\nIf the registry indicates that an individual has been found, as a\n\nresult of a hearing, to be personally responsible for abuse, neglect\n\nor exploitation, that individual shall not be hired by the facility.\n\n10. If the state finds that any other individual employed by\n\nthe facility has neglected, abused, misappropriated property or\n\nexploited in a facility, the Department shall notify the appropriate\n\nlicensing authority and the district attorney for the county where\n\nthe abuse, neglect or exploitation, or misappropriation of resident\n\nor client property occurred.\n\n11. Upon a written request by a certified nurse aide or nurse\n\naide trainee, the Board shall provide within twenty (20) working\n\ndays all information on the record of the certified nurse aide or\n\nnurse aide trainee when a finding of abuse, exploitation or neglect\n\nis confirmed and placed in the registry.\n\n12. Upon request and except for the names of residents and\n\nclients, the Department shall disclose all of the information\n\nrelating to the confirmed determination of abuse, exploitation and\n\nneglect by the certified nurse aide or nurse aide trainee to the\n\nperson requesting such information, and may disclose additional\n\ninformation the Department determines necessary.\n\n13. A person who has acted in good faith to comply with state\n\nreporting requirements and this section of law shall be immune from\n\nliability for reporting allegations of abuse, neglect or\n\nexploitation.\n\nF. Each nurse aide trainee shall wear a badge which clearly\n\nidentifies the person as a nurse aide trainee. Such badge shall be\n\nfurnished by the facility employing the trainee. The badge shall be\n\nnontransferable and shall include the first and last name of the\n\ntrainee.\n\nG. 1. For purposes of this section, \"feeding assistant\" means\n\nan individual who is paid to feed residents by a facility or who is\n\nused under an arrangement with another agency or organization and\n\nmeets the requirements cited in 42 CFR Parts 483 and 488.\n\n2. Each facility that employs or contracts employment of a\n\nfeeding assistant shall maintain a record of all individuals, used\n\nby the facility as feeding assistants, who have successfully\n\ncompleted a training course approved by the state for paid feeding\n\nassistants.","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":"88e1c465c2ec56b1ce1d9a9bf26190548d0609052f34d50ff70b21f176f2449e","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-1950.9","next":"us-ok/okla.-stat.-tit.-63-63-1-1951.1"},"notice":"GroundRules: Original legal text. Not legal advice."}