§ 63-1-836. Rules ensuring minimum standards for homes.

A.  The State Board of Health shall promulgate rules to enforce the provisions of the Residential Care Act.  Such rules shall regulate:

1.  Location and construction of the home, including plumbing, heating, lighting, ventilation, and other physical conditions which shall ensure the health, safety, and comfort of residents and protection from fire hazards;

2.  Number of all personnel, including management and supervisory personnel, having responsibility for any part of the care given to residents.  The Department shall establish staffing ratios for homes which shall specify the number of staff hours of care per resident that are needed for care for various types of homes or areas within homes.  Minimum personnel ratio requirements for all homes shall be based only on average daily census;

3.  All sanitary conditions within the home and its surroundings, including water supply, sewage disposal, food handling, and general hygiene, which shall ensure the health and comfort of residents;

4.  Diet-related needs of each resident based on sound nutritional practice and on recommendations which may be made by the physicians attending the resident;

5.  Equipment essential to the health and welfare of the residents; and

6.  Rehabilitation programs for those residents who would benefit from such programs.

B.  1.  In order to further ensure minimum standards for homes, a certificate of training as specified shall be required of all:

a.administrators, who shall obtain a residential care administrator certificate of training, and

b.direct care staff responsible for administration of medication to residents, who shall obtain a residential care certificate of training.

2.  The certificate will be developed and administered by an institution of higher learning with the advice of the State Commissioner of Health and of the Long-Term Care Facility Advisory Board.

a.(1)For residential care home administrators the training shall consist of a minimum of fifty (50) hours which shall include at least fifteen (15) hours of training in the administration of medication and shall also include, but not be limited to, training in:

(a)administration,

(b)supervision,

(c)reporting,

(d)record keeping,

(e)independent or daily living skills,

(f)leisure skills and recreation, and

(g)public relations concerning the issues associated with the operation of residential care homes and programs.

(2)An individual applying for certification as an administrator may at any time present the institution of higher education with documentation of prior education and work experience for consideration for possible credit toward certification.

(3)Any person employed as an administrator after July 1, 1988, shall have completed the training specified by this division.

(4)Thereafter, annually, at least sixteen (16) hours of training in the subjects specified by this division shall be required for such administrator.

(5)A certified administrator may make a written request to the Commissioner to be placed in an inactive status for up to five (5) subsequent calendar years.  Such inactive status shall allow the administrator to waive the educational requirements for the period of the request.  Such certified administrator shall not work in a residential care administrator capacity in Oklahoma until such time as the certificate is reactivated.  The request to reactivate the certificate shall be made in writing to the Commissioner.  Such administrator shall then be required to complete sixteen (16) hours of training in the subjects specified in this division.

b.All direct care staff who are responsible for administration of medication to residents shall be required to begin training in the administration of medication within ninety (90) days of employment with the home and to satisfactorily complete at least fifteen (15) hours of training in the administration of medication, within the first year of employment with the home.

3.  All other direct care staff who are employed by a residential care home, within ninety (90) days of employment with the home, shall be required to begin eight (8) hours of in-service training, to be administered by the administrator of the home or other person designated by the administrator of the home and completed within twelve (12) months from such person's date of employment, and annually thereafter.  Thereafter such direct care staff and the direct care staff responsible for administering medication to residents shall, annually, be required to receive at least eight (8) hours of training by the administrator of the home in:

a.patient reporting and observation,

b.record keeping,

c.independent or daily living skills,

d.leisure skills and recreation,

e.human relations, and

f.such other training relevant to residential care programs and operations.

4.  The requirement of certification and the training specified pursuant to the provisions of this subsection shall be included in the rules promulgated by the Board.

5.  Failure of the owner or administrator to ensure the training required pursuant to this subsection is received shall constitute a violation of the Residential Care Act and shall be grounds for revocation of licensure.  Proof of successful completion of such training for the residential care home administrator and direct care staff shall be required prior to issuance or renewal of a license issued pursuant to the provisions of the Residential Care Act.  The Department shall not renew any license for any residential care home if the training required by this subsection has not been completed.

Added by Laws 1984, c. 128, § 24, eff. Nov. 1, 1984.  Amended by Laws 1985, c. 135, § 6, emerg. eff. June 7, 1985; Laws 1987, c. 98, § 17, emerg. eff. May 20, 1987; Laws 1988, c. 233, § 2, operative July 1, 1988; Laws 1998, c. 110, § 1, eff. Nov. 1, 1998; Laws 2001, c. 410, § 16, eff. Nov. 1, 2001.