Okla. Admin. Code § 310:679-10-2.1

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

Section 310:679-10-2.1 - [Effective 9/14/2024] General requirements that must be met by each applicant

(a) Applicants shall not be less than twenty- one (21) years of age at the time the license is issued.

(b) Each applicant shall be a United States citizen, or be a qualified alien under the Federal Immigration and Naturalization Act and lawfully residing in the United States.

(c) Each applicant must establish to the satisfaction of the Board that the applicant is of reputable and responsible character.

(d) Each applicant shall submit to a criminal background check. If the results of a criminal background check reveal that the applicant has been convicted of or pleaded guilty or nolo contendere or no contest, or received a deferred for any felony or misdemeanor offense for any of the following offenses in any state or federal jurisdiction, the Board shall not issue a license or renew a previously issued license to this person and employers shall not hire or contract with the person:

(1) abuse, neglect or financial exploitation of any person entrusted to the care or possession of such person,

(2) rape, incest or sodomy,

(3) child abuse,

(4) murder or attempted murder,

(5) manslaughter,

(6) kidnapping,

(7) aggravated assault and battery,

(8) assault and battery with a dangerous weapon, or

(9) arson in the first degree.

(e) If less than seven (7) years have elapsed since the completion of sentence (meaning the last day of the entire term of the incarceration imposed by the sentence including any term that is deferred, suspended or subject to parole), and the results of a criminal history check reveal that the subject person has been convicted of, or pled guilty or nolo contendere or no contest to, a felony or misdemeanor offense for any of the following offenses, in any state or federal jurisdiction, the Board shall not issue a license or renew a previously issued license to this person and employers shall not hire or contract with the person:

(1) assault,

(2) battery,

(3) indecent exposure and indecent exhibition, except where such offense disqualifies the person as a registered sex offender,

(4) pandering,

(5) burglary in the first or second degree,

(6) robber in the first or second degree,

(7) robber or attempted robbery with a dangerous weapon, or imitation firearm,

(8) arson in the second degree,

(9) unlawful manufacture, distribution, prescription, or dispensing of a Schedule I through V drug as defined by the Uniform Controlled Dangerous Substance Act (noting that "possession" of a Schedule I through V drug as defined by the Uniform Controlled Dangerous Substance Act is no longer a barrier offense),

(10) grand larceny, or

(11) petit larceny or shoplifting.

(f) Each applicant shall report to the Board any adverse action taken by any licensing or certification entity in any jurisdiction. The Board shall examine the reasons for the action(s) and may consider this information in granting or denying a license. The applicant is required to report all jurisdictions where they've held a license and/or applied for licensure and been denied. Licensure denial is an adverse action and is required to be reported to the NPDB.

(g) Each applicant shall be in compliance with State income tax requirements pursuant to 68 O.S., 238.1.

(h) Each applicant shall remit any and all required fees associated with obtaining a license, including any outstanding fees or fines.

(i) Each applicant must have a working ability in the English language sufficient to communicate, both orally and in writing, with residents, family members, employees, the general public, and representatives of State and federal agencies and to engage in the practice of long term care administration.

(j) Each applicant shall meet all other appropriate conditions and requirements as may be prescribed by the Board.

(k) When the Board denies an application for licensure, the Board will not reconsider such denial. A person cannot reapply for licensure until one year of the date of denial.

(l) The application shall be considered incomplete until all requirements have been met, to include any additional requirements prescribed by the Board for each license type. Board conducted training includes Administrator University and any initial qualification training such as the optional reviews for exams or Adult Day Care training. Approved initial qualification training conducted externally, such as training approved for RC or RCAL licensure or other NAB approved entry level training, is not considered "Board conducted" and those applicants have to meet the prerequisites prior to testing or attending any "Review" courses the Board may offer.

(m) In accordance with the requirements detailed at 59 O.S. 4100.4(A), it shall be incumbent upon the applicant to bring any equivalent education, training and experience completed while in the Armed Forces to the attention of OSBELTCA staff during the application process. The staff shall accept and apply satisfactory evidence of this equivalent education, training and experience in a manner most favorable to the satisfying qualification requirements of the license and/or approval for license examination(s).

Okla. Admin. Code § 310:679-10-2.1

Transferred from 490:10-1-2.1 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)