Okla. Admin. Code § 310:677-13-10

Current through Vol. 41, No. 19, June 17, 2024

Section 310:677-13-10 - Denial, suspension, withdrawal, and nonrenewal of certification

(a) Grounds for certification action against a certified medication aide may include:

(1) Intentionally providing false or misleading information to a training program, a facility, or the Department;

(2) Failing to administer medications as ordered by a health care professional, with resulting actual harm that is either life threatening or has a negative outcome for the resident;

(3) Failing to consistently document medications;

(4) Altering or falsifying medication records;

(5) Altering or falsifying certified nurse aide or certified medication aide identification cards;

(6) Diverting drugs;

(7) Practicing nursing or medicine except as authorized pursuant to 63 O.S. Section 1-1950.3, 1-1951, OAC 310:677, and Oklahoma laws and rules specific to the CMA's employer as specified in OAC 310:677-13-2;

(8) Representing oneself as certified medication aide without current certification;

(9) Administering medications in a setting other than those authorized in 63 O.S. Section 1-1950.3(E); or

(10) Materially failing to conform to 63 O.S. Section 1-1950.3(E) and OAC 310:677-13.

(b) The Department may deny, suspend, withdraw or not renew certification of a medication aide based on the aide's noncompliance with 63 O.S. Section 1-1950.3 or 1-1951, or OAC 310:677. The Department shall notify the aide of the intent to deny, suspend, withdraw or not renew certification. The notice shall cite the specific reasons for the action and offer the aide an opportunity to demonstrate compliance. Prior to the effectiveness of the denial, suspension, withdrawal, or nonrenewal of certification, the Department shall offer the aide an opportunity for a hearing.

(c) The suspension of a certificate shall be effective for not less than six months, and a denial, withdrawal or nonrenewal of a certification shall be effective for not less than one year. The Department shall specify the duration of the denial, suspension, withdrawal or nonrenewal of certification in excess of the minimums based on the seriousness of the underlying violation and the likelihood that the aide will maintain compliance in the future.

Okla. Admin. Code § 310:677-13-10

Added at 23 Ok Reg 559, eff 12-22-05 (emergency); Added at 23 Ok Reg 2422, eff 6-25-06