§ 63-1-1923. Long-Term Care Facility Advisory Board.

A.  There is hereby re-created, to continue until July 1, 2014, in accordance with the provisions of the Oklahoma Sunset Law, a Long-Term Care Facility Advisory Board which shall be composed as follows:

1.  The Governor shall appoint a twenty-seven-member Long-Term Care Facility Advisory Board which shall advise the State Commissioner of Health.  The Advisory Board shall be comprised of the following persons:

a.one representative from the Office of the State Fire Marshal, designated by the State Fire Marshal,

b.one representative from the Oklahoma Health Care Authority, designated by the Administrator,

c.one representative from the Department of Mental Health and Substance Abuse Services, designated by the Commissioner of Mental Health and Substance Abuse Services,

d.one representative from the Department of Human Services, designated by the Director of Human Services,

e.one member who shall be a licensed general practitioner of the medical profession,

f.one member who shall be a general practitioner of the osteopathic profession,

g.one member who shall be a registered pharmacist,

h.one member who shall be a licensed registered nurse,

i.one member who shall be a licensed practical nurse,

j.three members who shall be of reputable and responsible character and sound physical and mental health and shall be operator-administrators of nursing homes which have current licenses issued pursuant to the Nursing Home Care Act and who shall have had five (5) years' experience in the nursing home profession as operator-administrators,

k.three members who shall be residential care home operator-administrators licensed pursuant to the provisions of the Residential Care Act,

l.three members who shall be adult day care facility owner-operators licensed pursuant to the provisions of the Adult Day Care Act,

m.three members who shall be continuum of care facility or assisted living center owner-operators licensed pursuant to the provisions of the Continuum of Care and Assisted Living Act, and

n.six members who shall be over the age of sixty-five (65) who shall represent the general public;

2.  The designated representative from the Office of the State Fire Marshal, the designated representative from the Department of Mental Health and Substance Abuse Services, the designated representative from the Department of Human Services, and the designated representative from the State Department of Health shall serve at the pleasure of their designators;

3.  The initial appointments of the Governor shall be for the following terms:

a.the initial term of the member of the medical profession shall be for a three-year term,

b.the initial term of the member of the osteopathic profession shall be for a three-year term,

c.the initial term of the registered pharmacist shall be for a two-year term,

d.the initial term of the licensed registered nurse shall be for a two-year term,

e.the initial term of the licensed practical nurse shall be for a one-year term,

f.of the initial terms for the twelve members who are licensed operator-administrators for facilities pursuant to the Nursing Home Care Act, residential care homes pursuant to the Residential Care Act, adult day care facilities pursuant to the Adult Day Care Act, and continuum of care facilities and assisted living centers pursuant to the Continuum of Care and Assisted Living Act, four shall be for one-year terms, four shall be for two-year terms, and  four shall be for three-year terms; provided that representatives for each of the terms shall include one individual representing facilities subject to the provisions of the Nursing Home Care Act, one individual representing residential care homes subject to the Residential Care Act, one individual representing facilities subject to the provisions of the Adult Day Care Act, and one individual representing continuum of care facilities and assisted living centers subject to the provisions of the Continuum of Care and Assisted Living Act, and

g.the initial terms for the six members of the general public over the age of sixty-five (65) shall be for one-, two-, three-, four-, five- and six-year terms respectively; and

4.  After the initial designations or appointments, the designated representative from the Office of the State Fire Marshal, the designated representative of the Oklahoma Health Care Authority, the designated representative of the Department of Human Services and the designated representative of the Department of Mental Health and Substance Abuse Services shall each serve at the pleasure of their designators.  All other terms shall be for a three-year period.  In case of a vacancy, the Governor shall appoint individuals to fill the remainder of the term.

B.  The State Department of Health shall provide a clerical staff worker to perform designated duties of the Advisory Board.  The Department shall also provide space for meetings of the Advisory Board.

C.  The Advisory Board shall annually elect a chair, vice-chair and secretary-treasurer, shall meet at least quarterly, and may hold such special meetings as may be necessary.  The members of the Advisory Board shall be reimbursed as provided for by the State Travel Reimbursement Act.

D.  The Advisory Board shall have the power and duty to:

1.  Serve as an advisory body to the Department for the development and improvement of services to and care and treatment of residents of facilities subject to the provisions of the Nursing Home Care Act, homes subject to the provisions of the Residential Care Act and facilities subject to the provisions of the Adult Day Care Act;

2.  Review, make recommendations regarding, and approve in its advisory capacity the system of standards developed by the Department;

3.  Evaluate and review the standards, practices, and procedures of the Department regarding the administration and enforcement of the provisions of the Nursing Home Care Act, the Residential Care Act and the Adult Day Care Act, and the quality of services and care and treatment provided to residents of facilities and residential care homes and participants in adult day care centers.  The Board may make recommendations to the Department as necessary and appropriate;

4.  Evaluate and review financial accountability standards, policies and practices of residential care facilities regarding residents' funds for which the facility is the payee, and evaluate and review expenditures made on behalf of the resident by the facility to ensure that such funds are managed appropriately and in the best interests of the resident; and

5.  Publish and distribute an annual report of its activities and any recommendations for the improvement of services and care and treatment to residents of facilities and residential care homes and participants in adult day care centers on or before January 1 of each year to the Governor, the State Commissioner of Health, the State Board of Health, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the chief administrative officer of each agency affected by the report.

Added by Laws 1980, c. 241, § 23, eff. Oct. 1, 1980.  Amended by Laws 1984, c. 128, § 5, eff. Nov. 1, 1984; Laws 1986, c. 16, § 1, eff. July 1, 1986; Laws 1987, c. 98, § 27, emerg. eff. May 20, 1987; Laws 1989, c. 192, § 10, eff. Nov. 1, 1989; Laws 1989, c. 345, § 3, eff. Oct. 1, 1989; Laws 1990, c. 51, § 127, emerg. eff. April 9, 1990; Laws 1992, c. 109, § 1, emerg. eff. April 20, 1992; Laws 1995, c. 230, § 17, eff. July 1, 1995; Laws 1998, c. 42, § 1; Laws 2001, c. 17, § 1, eff. July 1, 2001; Laws 2004, c. 25, § 1; Laws 2010, c. 29, § 1.