Okla. Admin. Code § 310:679-1-2

Current through Vol. 41, No. 19, June 17, 2024
Section 310:679-1-2 - [Effective until 9/14/2024] Definitions

The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Accredited college" or "university" means a college or university that is domiciled within the United States and that is accredited by: the North Central Association of Colleges and Schools, The Higher Learning Commission; the Southern Association of Colleges and Schools, Commission on Colleges; the Western Association of Schools and Colleges, Accrediting Commission for Senior Colleges and Universities; the New England Association of Schools and Colleges, Commission on Institutions of Higher Education; the Middle States Association of Colleges and Schools, Middle States Commission on Higher Education; or the Northwest Commission on Colleges and Universities.

"Administrator-In-Training" or "AIT" means an individual serving a Department -approved internship within the facility type for which he is seeking licensure/certification under the supervision of a preceptor 'certified' by the Department. Individuals serving an AIT internship may also be referred to herein as 'intern/trainee'.

"Administrator" means any individual duly licensed or certified by the Department regardless of the role or function he performs.

"Administrator of Record" or "AOR" means the administrator licensed by this Department who has the authority and responsibility for the total operation of the facility, subject only to the policies adopted by the governing authority.

"Adult Day Care (ADC) Administrator" means a long-term care administrator (or director) duly licensed by the Department to serve in this capacity in an Adult Day Care Center. The scope of practice of an individual licensed as an Adult Day Care Administrator is limited to a licensed Adult Day Care Center.

"Adult Day Care (ADC) Center" means such term as defined in the Adult Day Care Act, Title 63 O.S. Section 1-870et seq.

"Adverse action" means revocation or suspension of a license, reprimand, censure or probation; any other loss of or restriction placed upon the license, including, but not limited to the right to apply for, or renew a license; voluntary surrender in lieu of discipline, non-renewal (excluding nonrenewal due to non-payment of fees, or retirement); administrative fines and any other negative action or finding by the Department.

"Assisted Living Center" means the same as such term is defined in the Continuum of Care and Assisted Living Act, Title 63 O.S. Section 1-890.1et seq. Also known as an Assisted Living Facility (ALF).

"Certification" means the completion of training at an approved institution of higher learning or other body conducting such training (except Administrator University for Nursing Home Administrators and Department conducted training for Adult Day Care administrators). The institution or body certifies that the individual has been properly and completely trained and is prepared, as a prerequisite, for the state standards exam and/or NAB RC/AL exam. Certification of training is a step in the licensure process for Tier 2 licensure.

"Certified Assistant Administrator (CAA)" or "Assistant Administrator" means an individual who has been 'certified' by the Department as having met the minimum qualifications established by the Department to be able to serve as a full-time, Certified Assistant Administrator in a licensed long-term care nursing facility, and who acts under the direction, supervision and license of a licensed nursing home administrator.

"Complaint" means an allegation that an individual licensed as a long-term care administrator has violated applicable statutes and/or rules.

"Continuum of Care Facility" means the same as such term is defined in the Continuum of Care and Assisted Living Act, Title 63 O.S. Section 1-890.1et seq.

"Degree equivalency evaluation" means an equivalency evaluation of a degree that was earned from a college or university not domiciled in the United States against a degree earned from an 'accredited college or university' (see definition earlier herein) that is performed by one of the following:

(A) Educational Credential Evaluators (ECE)
(B) Educational Records Evaluation Service (ERES)
(C) International Education Research Foundation Credentials Evaluation Service (IERFCES)
(D) World Education Services (WES)

"Department" means the Oklahoma State Department of Health (OSDH)

"Endorsement" means the applicant has met all qualifications of reciprocity.

"Good Standing" means a license/certification/registration is active and not expired, suspended, revoked, surrendered, conditioned or otherwise in status that in any manner restricts the activity of the holder under its authority. When there is any other history of disciplinary action taken by any jurisdiction against a license, certification or registration, the Department retains sole discretion of evaluating the magnitude of any such action in its determination of an applicant's eligibility for approval in Oklahoma.

"Health Services Executive" or "HSE" means a broad-based NAB verified qualification which exceeds this Department's standards to be licensed as a nursing home administrator (NHA). It is not a license and it does not grant the holder of this qualification any additional privileges with the NHA license.

"Intermediate Care Facility for the Individuals with Intellectual Disabilities (ICF/IID)" means a facility whose primary purpose is to provide health and rehabilitative services for individuals with intellectual disabilities and otherwise meets the Conditions Of Participation (COPs) found at 42 CFR § 483.400et seq. ICF/MR is synonymous with the term ICF/IID (intermediate care facility for individuals with an intellectual disability).

"Intermediate Care Facility for Individuals with Intellectual Disabilities, 16 Beds and Less (ICF/IID-16) " means a facility with sixteen (16) or fewer licensed resident beds that serves individuals with intellectual disabilities and that otherwise meets the Conditions Of Participation (COPs) found at 42 CFR § 483.400et seq.

"Lapsed License or "Expired License" means a license that is no longer valid because the licensee failed to renew his/her license by the renewal deadline, causing the license to lapse or expire.

"License" means the written authorization of the the Department granting a person the ability to serve as a long-term care administrator for a specific period of time.

"Licensing Year" means the specific period of time a license/certification issued by the Department is valid. For purposes of these Rules, the term "licensing year" shall have the same meaning as "calendar year," the time period beginning at 12:01 a.m., January 1, and ending as of 12:00 midnight, the same December 31.

" Long-Term Care" means care given at facilities where a licensed long-term care administrator is required such as a nursing facility, assisted living facility, residential care facility or an adult day care center. It does not encompass temporary care situations such as a swing bed hospital.

"Long-term care administrator" means a person licensed or certified as a Tier 1 long-term care administrator or Tier 2 long-term care administrator under the Long-Term Care Administrator Licensing Act. A long-term care administrator must devote at least one-half (1/2) of such person's working time to on-the-job supervision of a long-term care facility; provided that this requirement shall not apply to an administrator of an intermediate care facility for individuals with intellectual disabilities with sixteen or fewer beds (ICF/IID-16), in which case the person licensed by the state may be in charge of more than one ICF/IID-16, if such facilities are located within a circle that has a radius not more than fifteen (15) miles, and the total number of facilities and beds does not exceed six facilities and sixty-four beds. The facilities may be free-standing in a community or may be on campus with a parent institution. The ICF/IID-16 may be independently owned and operated or may be part of a larger institutional ownership and operation. [Title 63 O.S. § 1-1949.2 ]

"National Association of Long-Term Care Administrator Boards" ("NAB") means an organization composed of state boards and agencies responsible for licensing long-term care administrators.

"NAB Domains of Practice" means the tasks performed by a long-term care administrator and the knowledge, skills and abilities identified by NAB as necessary to perform those tasks in its professional practice analysis. The NAB Domains of Practice can be found on the National Association of Long-Term Care Administrator Boards (NAB) website at www.nabweb.org.

"Nursing home", "rest home" or "specialized home" means "nursing facility" as such term is defined in the Nursing Home Care Act; "assisted living center" and "continuum of care facility" shall have the same meaning as such terms are defined in the Continuum of Care and Assisted Living Act; "home" and "residential care home" shall have the same meaning as the terms are used in the Residential Care Act; and "adult day care center" and "center" shall have the same meaning as such terms are used in the Adult Day Care Act. [63 O.S. 1-1949.2(4)]

"Nursing Home Administrator (NHA)" means a long-term care administrator licensed by the Department to serve in this capacity in a nursing facility, nursing home, skilled nursing facility or any similarly worded facility type. Their scope of practice includes ICF/IID, RCF, ALF and Adult Day Care Centers and the term is synonymous with nursing facility administrator.

"Preceptor" means an individual qualified by training and experience, who is currently licensed as a long-term care administrator in Oklahoma, is authorized by the Department as a qualified preceptor and is charged with coordinating the training of an individual authorized to operate as an administrator in training.

"Probation" is a condition(s) imposed for a specified period of time at the initial issuance of a license or contained in an order resulting from a complaint against the administrator.

"Provisional license" means the temporary authority to serve as a long-term care administrator as granted by the Department to an individual who meets requirements for licensure.

"Provisional license" means the temporary authority to serve as a long-term care administrator as granted by the Department to an individual who meets requirements for licensure.

"RC/AL Administrator" means a long-term care administrator licensed by the Department to serve in this capacity in either a residential care facility, an adult care center, an assisted living facility or intermediate care facility for individuals with intellectual disabilities with sixteen or fewer bed (ICF/IID-16)..

"Reciprocity" means the licensure process through which candidates licensed in other states may be granted a license in Oklahoma once they have demonstrated the requirements for licensure for the state in which they are currently licensed have substantially equivalent requirements to those in this state.

"Residential Care (RC) Administrator" means a long-term care administrator licensed by the Department to serve in this capacity in a residential care facility.

"Residential Care Home" or "Residential Care Facility (RCF)" means the same as such term is defined in the Residential Care Act, Title 63 O.S. Section 1-819et seq.

"Revocation or Revoked License" means an enforcement imposed upon a license/certificate by the Department that results in termination of license/certificate and all privileges attendant thereto and requires holder to surrender his license/certificate, the annual license/certification renewal card and all other license or certificate-related documents to the Department.

"Specialized facility" means the same as such term is defined in the Nursing Home Care Act, Title 63 O.S. Section 1-1901et seq.

"Suspension" or "Suspended License" is an enforcement imposed upon a license/certificate holder by the Department for a designated period of time where the individual is not authorized to work in the capacity of an administrator until all the requirements for reinstatement of the licensure are met.

"Tier 1 long-term care administrator" means a person licensed by this state to perform the duties of an administrator serving in a skilled nursing or nursing facility or an intermediate care facility for individuals with intellectual disabilities with seventeen or greater beds (ICF/IID). [63 O.S.§ 1-1949.2]

"Tier 1 nursing home administrator (NHA)" means a long-term care administrator licensed by the Department to serve in this capacity in a nursing facility, nursing home, skilled nursing facility or any similarly worded facility type. Their scope of practice includes ICF/IID, RCF, ALF and Adult Day Care Centers and the term is synonymous with nursing facility administrator.

"Tier 2 adult day care (ADC) administrator" means a long-term care administrator licensed by the Department to serve in this capacity in an Adult Day Care Center.

"Tier 2 ICF/IID-16 administrator" means a long-term care administrator licensed by the Department to serve in this capacity in an intermediate care facility for individuals with intellectual disabilities with sixteen or fewer bed (ICF/IID-16).

"Tier 2 long-term care administrator" means a person licensed or certified by this state to perform the duties of an administrator serving in an assisted living facility, residential care facility, adult day care center, or intermediate care facility for individuals with intellectual disabilities with sixteen or fewer beds (ICF/IID-16.; [63 O.S.§ 1-1949.2]

"Tier 2 residential care (RC) administrator" means a long-term care administrator licensed by the Department to serve in this capacity in a residential care facility.

"Tier 2 residential care/assisted Living (RC/AL) administrator" means a long-term care administrator licensed by the Department to serve in this capacity in either a residential care facility or an assisted living facility.

Okla. Admin. Code § 310:679-1-2

Transferred from 490:1-1-2 by HB 2824 (2023), eff. 11/1/2023
Amended by Oklahoma Register, Volume 41, Issue 4, November 1, 2023, eff. 11/1/2023, exp. 9/14/2024 (Emergency)