Okla. Admin. Code § 310:662-3-4

Current through Vol. 42, No. 7, December 16, 2024

Section 310:662-3-4 - Organization

(a)Governing body. The home care agency shall have an organized governing body which is legally responsible for the conduct of the agency. The ownership of the agency shall be fully disclosed to the Department. Agency staff shall be currently licensed or registered in accordance with applicable laws of the State of Oklahoma. The governing body shall be responsible for periodic administrative and professional evaluations of the agency.

(b)Financial. Sufficient financial resources shall be maintained sufficient to ensure the agency's ability to provide adequate home care services. The agency shall have an annual operating budget which ensures sufficient resources to meet operating costs at all times and to maintain the standards required by this Chapter.

(c)Administrator. The governing body shall be legally responsible for the appointment of a qualified administrator and the delegation of responsibility and authority. The administrator shall organize and direct the agency's ongoing functions, employ qualified personnel, ensure adequate staff in-service, continuing education, and evaluations. The administrator shall ensure the accuracy of public information materials and activities, and that agency practices are consistent with written agency policies. The administrator shall be properly certified as required by the Department. Proof of current certification for the administrator shall be posted in a conspicuous place at each licensed agency.

(d)Supervising physician or nurse. Each home care agency providing skilled care shall employ a physician or a qualified supervising registered nurse. An agency providing personal care only shall employ or contract with a supervising physician or registered nurse who shall be available to the agency to advise the client care staff whenever personal care is provided. Services of a supervising physician or registered nurse in an agency only providing personal care may be provided on an on-call basis. A physician or a qualified registered nurse alternate shall be designated in writing to serve in the supervising registered nurse's absence.

(e)Personnel policies. The agency shall implement and follow appropriate written policies. Personnel policies shall include at least the following:

(1) Employment procedures.

(2) Orientation of all personnel to the policies and objectives of the agency, and participation by all personnel in appropriate employee in-service programs.

(3) Job descriptions (statement of those functions and responsibilities which constitute job requirements) and job qualifications (specific education and training necessary to perform the job).

(4) Periodic evaluations of employee performance.

(5) Provision for disciplinary action(s) and procedures.

(6) Health screening requirements for staff with direct client contact including but not limited to tuberculosis testing/tuberculin skin tests. All tests and examinations shall be in conformance with the "Tuberculosis Controllers Association and CDC, 2019" guidelines for preventing the transmissions of mycobacterium tuberculosis in healthcare settings as published by the Centers for Disease Control and Prevention. Any employee with a proven history of a positive tuberculin skin test may be excluded from this requirement if the employee has had a documented negative chest x-ray and no symptoms suggestive of tuberculosis.

(7) Each home care agency shall have an annual influenza vaccination program consistent with the recommendations of the Centers for Disease Control and Prevention Advisory Committee on Immunization Practices that shall include at least the following:

(A) The offer of influenza vaccination onsite, at no charge to all employees and/or workers in the home care agency or acceptance of documented evidence of current season vaccination from another vaccine source or hospital;

(B) Documentation of vaccination for each employee and/or worker or a signed declination statement on record from each individual who refuses the influenza vaccination for other than medical contraindications; and

(C) Education of all employees and/or workers about the following:

(i) Influenza vaccination;

(ii) Non-vaccine influenza control measures; and

(iii) The symptoms, transmission, and potential impact of influenza.

(D) Each home care agency influenza vaccination program shall conduct an annual evaluation of the program including the reasons for non-participation.

(F) The requirements to complete vaccinations or declination statements for each employee and/or worker may be suspended by the agency's medical director in the event of a shortage of vaccine as recognized by the Commissioner of Health.

(f)Personnel records. Personnel records shall include, but not be limited to qualifications, employment history, records of orientation and in-service provided, verification that health screening was performed as required, performance evaluations, as required by policy, record of disciplinary actions and verification of current licensure/certification, if appropriate.

(g)Contracted services.

(1) If a home care agency contracts to provide home care services(s), there shall be a written agreement defining the nature and scope of services provided. The agreement shall include but not be limited to the following:

(A) The services to be provided.

(B) The manner in which services shall be coordinated, evaluated and supervised by the primary home care agency.

(C) The process for development, review, and revision of the plan of care.

(D) The process for scheduling of visits or hours.

(E) The procedures for submitting clinical and/or progress notes or other entries to the clinical record which shall be maintained by the primary home care agency.

(2) Any home care agency providing home care service(s) on a contract basis shall require the contractor to provide verification of current licensure/certification of personnel as appropriate. Documentation of this verification shall be maintained in the home care agency.

(h)Nurse registry. A nurse registry which provides home care services shall function and be licensed as a home care agency.

Okla. Admin. Code § 310:662-3-4

Added at 11 Ok Reg 3185, eff 6-27-94; Amended at 12 Ok Reg 3442, eff 5-10-95 (emergency); Amended at 12 Ok Reg 2789, eff 7-27-95; Amended at 14 Ok Reg 2111, eff 4-7-97 (emergency); Amended at 14 Ok Reg 2274, eff 6-12-97; Amended at 16 Ok Reg 3486, eff 7-30-99 (emergency); Amended at 17 Ok Reg 2064, eff 6-12-00; Amended at 28 Ok Reg 1061, eff 6-11-11

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/11/2020