Okla. Admin. Code § 310:677-3-4

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

Section 310:677-3-4 - Program requirements

(a) Before the Department approves a nurse aide training and competency examination program or a competency examination program, the Department shall determine whether the nurse aide training and competency examination program or the competency examination program meets the minimum requirements.

(b) The Department shall not approve an employer based program when the employer has been assessed the following penalties or actions by the Department:

(1) License suspended or revoked or had a conditional license issued.

(2) An administrative money penalty of five thousand dollars ($5,000) or more for deficiencies cited under state licensure.

(3) Enforcement actions based on the Department's authority under Medicare and Medicaid certification programs, except for facilities certified as Intermediate Care Facilities for individuals with intellectual disabilities.

(4) For Intermediate Care Facilities for Individuals with Intellectual Disabilities, repeated enforcement actions based on the Department's authority.

(c) The Department may withdraw approval of a nurse aide training and competency examination program sponsored by an entity when the following occurs:

(1) The entity has been determined by the Department to have a competency examination failure rate greater than fifty (50) per cent during a calendar year.

(2) The entity no longer meets, at a minimum, the following requirements to be a certified program:

(A) The training program falls below the required clock hours of training; or

(B) The curriculum does not include the minimum requirements specified in rule;

(3) The entity closed or had its residents or clients transferred pursuant to the Department's action.

(4) The onsite survey determines the training program is out of compliance with the requirements of 63 O.S. §§ 1-1950.1, 1-1950.3 or 1-1951, or OAC 310:677.

(d) The Department shall withdraw approval of a nurse aide training and competency evaluation program if:

(1) The entity refuses to permit the Department to make unannounced visits; or

(2) The entity falsifies records of competency or training.

(e) Withdrawal of approval shall be for a period of two (2) years or until the Department is assured through review that the entity complies with the requirements.

(f) If the Department withdraws approval of a nurse aide training and competency examination program, the Department shallnotify the entity in writing of the reason(s) for the withdrawal.

(g) The Department shall allow the trainees who have started a training and competency examination program to complete the program, or allow the trainees who have started the program to transfer to another approved program.

(h) A program entity may request reconsideration of the Department's decision in accordance to Chapter 2 of this Title and appealed according to the Administrative Procedures Act.

(i) The entity shall notify the trainee in writing, that successful completion of the nurse aide training and competency examination program shall result in the individual being listed in the Department's nurse aide registry and shall retain a copy of such notice, signed by the trainee, in the trainee's file.

Okla. Admin. Code § 310:677-3-4

Added at 12 Ok Reg 3087, eff 7-27-95; Amended at 18 Ok Reg 2545, eff 6-25-01; Amended at 19 Ok Reg 2106, eff 6-27-02; Amended at 24 Ok Reg 2045, eff 6-25-07

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

Amended by Oklahoma Register, Volume 40, Issue 23, August 15, 2023, eff. 9/11/2023